Personal injury claims provide victims harmed by negligence with an opportunity to secure justice and financial compensation for their damages, including medical expenses resulting from their preventable injuries, lost income, pain and suffering, and more. While injured victims have the right to seek a recovery of their damages, they must do so within a certain amount of time, known as the statute of limitations.
The statute of limitations in personal injury cases will vary depending on the unique facts involved. However, in all cases of preventable injuries, victims must file lawsuits within the statute of limitations or they will be barred from being able to bring claims for damages. This means that if you wait too long to pursue a case and the statute of limitations runs out, you will not be able to recover compensation.
At the Law Offices of Dan Davis, our Oklahoma City personal injury lawyers are committed to protecting the rights of injured victims and families. In order to do so, victims must reach out for our assistance before the statute of limitations in their cases runs out. This is precisely why we urge all victims to speak with attorney from our firm as soon as possible.
To help you understand the time limit on personal injury claims in Oklahoma, we have compiled the following information:
- Personal injury – 2 years from the date of injury
- Product liability – 2 years from the date of injury
- Medical Malpractice – 2 years from the date of injury
- Wrongful Death – 2 years from the date of death
While these general timelines can provide you with an understanding of the statute of limitations that may apply to your case – and why it is best to take immediate action – there are always exceptions given the unique facts and circumstances involved in a case. For example, in wrongful death claims, families of a deceased individual have two years to file a claim from the date their loved one died, which may be days, weeks, or even months after their initial accident. There may also be different procedural rules in cases where injuries or losses are caused by a government entity, or when injured victims are minors or individuals declared “mentally incompetent.”
Additionally, the statute of limitations “clock” may start running from the date a victim becomes aware of their injury (or illness) rather than the date of the initial negligence. This may be the case in medical malpractice cases, including those involving misdiagnoses or failures to diagnose, and other instances where injuries and symptoms do not immediately present themselves. Under the discovery rule, the statute of limitation will begin on the date you first discovered, or should have known about, your injuries.
Because there are variances in the statute of limitations, it is always the best policy to take action as soon as you can. In addition to ensuring you file within the specified time period, taking immediate action can also ensure you and your attorney have the necessary time to build an effective case, receive the treatment you need, and work toward securing the maximum compensation possible.
To get started with your potential personal injury case, contact our firm for a free consultation.