If you’ve been hurt in Oklahoma, there is a limited amount of time available to file a personal injury lawsuit. This deadline is called the statute of limitations and missing it usually means your case will be dismissed, no matter how strong it is.
For most personal injury cases, the deadline is generally two years from the date of the injury (12 O.S. § 95).
Although the two-year limit is the general rule, Oklahoma’s statute has exceptions that can make the window shorter, longer, or pause the clock entirely.
Determining When the Clock Starts
In most Oklahoma personal injury cases, the statute of limitations begins on the date of the injury. When the injury is obvious, such as injuries from a car accident, a slip and fall, or a dog bite, the two-year period starts on the date of the accident.
Discovery Rule for Hidden or Delayed Injuries
If you were not aware of the injury immediately, then the clock may start when discovered or reasonably should have been discovered. To qualify for this exception, you will have to show the harm or its cause wasn’t something a person could reasonably detect at the time. An example would be a medical mistake or toxic exposure that would only show up later.
Tolling the Statute of Limitations in Oklahoma
Minors or Legally Incapacitated People
If the injured person is under eighteen, the statute doesn’t start until the person turns 18 or regains capacity to handle their own affairs. It is good practice to file these types of cases earlier because witnesses may move away, medical records can be lost or destroyed, and the chance of getting reliable testimony will fade as time goes on.
Defendant Misconduct or Absence
When the defendant hides or leaves the state, the statute of limitations may pause. Proving these types of cases are challenging because proving concealment can be tricky. For example a surgeon leaving an error out of the chart or the person responsible for the crash leaves Oklahoma to avoid being found.
Incarceration
In limited situations, the statute may pause if the at-fault person is incarcerated. Oklahoma law does allow the limitation period to be tolled if the defendant is in prison for the conduct that caused the injury. Your lawyer will consider the facts closely before relying on tolling the statute.
Bankruptcy or Court Orders
If a bankruptcy or a court order blocks the lawsuit, then the statute stops running until the pause is lifted. During the stay, the statute stops running against the injured person. Other court orders can have the same effect, though the details change depending on what kind of hold is in place. Your assigned lawyer at Hasbrook & Hasbrook will continue to actively work on your case during the pause to be ready when the stay is lifted.
Special Filing Deadlines for Certain Cases
Some cases have shorter windows or specific filing rules.
- Intentional torts (assault, battery, libel, slander, false imprisonment): These cases have to be filed within one year and this applies even when criminal charges or disciplinary proceedings are still ongoing.
- Claims against the Government (OGTCA): Notice has to be given within one year of the injury. Technical mistakes can derail the entire case as governmental notice requires specific details.
- Medical negligence: Discovery rule applies, but Oklahoma adds a seven-year cutoff no matter what. This forces attorneys to check both when the malpractice was discovered and when it occurred to make sure the claim is still viable.
- Wrongful death: Two years from the date of death.
- Survival actions (estate pursuing medical costs and pain before death): Two years from the date of the death. Lawyers may bring survival and wrongful death actions together, but they are usually separate claims.
Negotiation Does Not Extend Deadlines
Negotiations don’t stop the clock, and the statute continues to run. Talking to insurance adjusters, discussions with lawyers or switching lawyers, or even negotiating directly with a business or governmental agency does not extend the deadline. The only way to protect your rights is to file in court before the statute expires.
What If a Case Gets Dismissed?
Oklahoma has a “saving” statute (12 O.S. § 100). If you filed your case on time but it was dismissed for a procedural reason, like filing in the wrong county or not serving court papers correctly, then you will be allowed to file again within one year from the dismissal date. This rule does not apply if the case was already decided on fault or damages and it begins on the dismissal date and functions as a separate filing window.
Correcting Mistakes in Naming Defendants
Sometimes lawsuits are filed using the wrong name for the person or entity. Oklahoma has a “relation-back” rule that lets you fix the name of the party if the right party received timely notice and knew or should have known they were the intended party. The attorney will be able to file an amended pleading to use the original filing date. For example, a complaint names “Sooner Mart” instead of Sooner Market LLC; and the LLC’s agent received the papers within the required timeframe, then the attorney would be able to file an amended complaint to name the correct defendant, which can “relate back” to the original filing date. In the example of an accident case that later identifies the correct driver, it can “relate back” only if the correct driver received legal notice within the required timeframe after filing the lawsuit.
Out-of-State Accidents
If your injury happened in another state but you want to file in Oklahoma, the court applies whichever deadline is longer. (12 O.S. § 105) For example, the Texas personal injury statute of limitations is the same as Oklahoma, but many other states, like New Mexico, have a longer 3-year limitation.
Forum Selection in Contracts: Some contracts include forum selection or choice of law clauses. For example, rideshare or rental car agreements lay out the terms for filing a lawsuit. If that applies, you may face a shorter deadline or extra notice requirements from the other state, even if Oklahoma’s would normally give you more time.
Filing vs. Serving of the Lawsuit
- Filing the petition in court before the deadline will stop the statute from running.
- However, service has to be carried out or using the correct method. The law requires formal delivery of the lawsuit papers to the person or company being sued within the time allowed and by an approved method; late or improper delivery can lead to dismissal without any ruling on liability or compensation.
Deadlines Can Make or Break a Case
Statutes of limitations are complicated, and they are case specific. Missing a deadline, even by one day, can take away your right to sue for your injuries. Write down the injury or death date, save any contracts tied to the event (rideshare or rental terms), and don’t assume talks with an insurer pause time. A quick review with a lawyer sets the right deadline and, if needed, gets the case on file so the clock stops.
Hasbrook & Hasbrook will Protect your Rights and Keep Your Case on Track
When it comes to the deadlines within the statute of limitations, our team of Oklahoma City personal injury attorneys is thorough and checks every possible deadline, including:
- General two-year statute of limitations
- Governmental claim notices
- Medical malpractice discovery rules and repose deadlines
- Saving statutes and relation-back rules
- Contract terms that might shorten deadlines
We file before the earliest possible deadline so your case stays on track and your rights to recover for your injuries are protected.
Questions about Oklahoma’s statute of limitations?
Talk to one of Hasbrook & Hasbrook’s personal injury attorneys by calling (405) 605-2426 or send us a message through our contact form.
