Exceptions to the Statute of Limitations for Oklahoma Personal Injury Claims

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on April 30, 2024

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In Oklahoma, individuals who have suffered personal injuries typically have a two-year window from the date of the incident to initiate legal action. This period is designed to encourage the timely filing of lawsuits, but certain exceptions allow the deadline to be extended, suspended, or altered. This permits claims to be filed beyond the two-year threshold under specific circumstances.

Discovery RuleDiscovery Rule in Oklahoma Personal Injury Cases

The “discovery rule” is the most common exception, as detailed in 12 O.S. §95, which tolls the statute of limitations until the injured party knows of, or in the exercise of reasonable diligence, should have known of the injury and the cause of action. This rule has been applied in certain tort cases, including medical malpractice, but its application is determined on a case-by-case basis.

Discovery Rule Examples

  1. Missed Medical Condition Diagnosis: Someone goes to the emergency room on February 27th, 2024, for stomach pains and is diagnosed with acid reflux. The correct diagnosis should have been stomach cancer. So, the typical statute of limitations filing deadline is February 27th, 2026. However, the condition is not diagnosed correctly until one year later, after the initial diagnosis, when the patient is evaluated at a different ER. The filing deadline is “tolled” an additional year, to February 27th, 2027.
  2. Environmental Exposure: Residents exposed to toxic chemicals by a nearby factory may only discover related health issues years after the exposure.
  3. Faulty Product Injury: A consumer might use a product for years before a defect causes a severe injury, triggering the discovery rule for their claim.

Discovery Rule FAQs

What if I discovered my injury three years after an accident? Can I still file a claim?

If the injury was not apparent immediately and was only discovered later, you might still be eligible to file a claim under the discovery rule. However, if this is from a car accident, you would still be limited to filing within the 2-year deadline because you were aware of the wreck.

How do I prove when I discovered my injury?

Documentation from medical professionals, journals, or any record of when symptoms first appeared and were linked to the incident can be crucial. The most common is when defective product recalls are announced or a proper diagnosis is made.

Exceptions for Minors and Mental Incapacity

Special considerations are given to individuals under 18 or those who are mentally incapacitated at the time of their injury, as outlined in 12 O.S. §97. For minors, the statute of limitations does not commence until they reach the age of 18, allowing them to pursue a lawsuit up until their 19th birthday. For individuals deemed mentally incapacitated, the statute is suspended until the incapacity is lifted, ensuring that those unable to represent themselves at the time of the injury have a chance to seek redress.

Minors and Mental Incapacity Examples

  1. Minor Injured in a Car Accident: A 9-year-old is injured in a car accident and has until their 19th birthday to file a personal injury lawsuit. However, the medical bills the child’s parents sustain must be filed within the initial two-year window. 
  2. Mental Incapacity Due to Injury: An individual who suffers a brain injury resulting in mental incapacity at the time of the accident can file a lawsuit once their capacity is restored, regardless of the two-year standard limit.
  3. Guardianship Cases: A minor or mentally incapacitated individual may have a guardian or family member initiate a lawsuit on their behalf before they turn 18 or their capacity is restored.

Exceptions for Minors and Mental Incapacity FAQs

What if a minor turns 18 but is still in high school? Do they get extra time to file a claim?

Turning 18 starts the clock on the one-year deadline, regardless of the minor’s high school status.

Does the time of incapacity count towards the statute of limitations?

No, the statute of limitations is suspended during mental incapacity.

Claims Against Governmental Entities

Filing claims against governmental entities, including cities, counties, or the state, involves unique requirements, such as a shorter statute of limitations as per 51 O.S. §156 and the necessity of submitting a formal claim before initiating a lawsuit. These prerequisites enable governmental entities to address claims directly before litigation. A Governmental Tort Claim must be filed within one year of the cause of action. Once the claim is either denied or 90 days have lapsed after submitting the claim, the claimant then has 180 days to file a lawsuit.

Claims Against Governmental Entities Examples

Slip and Fall on City Property: An individual who slips and falls due to an unsafe condition on city-owned property must file a notice of claim within one year. The claimant reports and makes a claim on the same day as the incident. The city doesn’t respond, so the lawsuit must be filed within 270 days of the incident!

Claims Against Governmental Entities FAQs

What is the statute of limitations for filing a claim against a city in Oklahoma?

Claims against cities require a formal notice to be filed within one year of the incident.

Can I sue the state of Oklahoma for personal injury?

Yes, but specific procedures must be followed, including filing a formal claim within a designated period.

What happens if I miss the deadline to file a notice of claim against a governmental entity?

Missing the deadline can result in the loss of the right to sue. It’s vital to adhere to these specific timeframes. The acronym for Statute of Limitations or “SOL” has another ordinary meaning.

Other Tolling Circumstances: 1-Year Deadlines!

Personal injury and tort claims for libel, slander, assault, and battery must be filed within one year of the date of the occurrence.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.