Oklahoma City Personal Injury Lawyers

Oklahoma City Car Accident Statute of Limitations

If you were injured in a car accident, hiring an attorney may be the farthest thing from your mind while you focus on healing. However, recovering compensation for your injuries is time-sensitive. Under Oklahoma law, you may be ineligible to bring a lawsuit after the statute of limitations has expired.

For this reason, you should consult with an experienced personal injury attorney as soon as possible. An attorney could make sure you meet all the proper deadlines so that the Oklahoma City car accident statute of limitations does not hinder your case. Reach out to an experienced car crash attorney for more information.

Oklahoma City Statute of Limitations

The statute of limitations in Oklahoma City for car wreck cases is generally two years from the date of the accident. A person can find information about Oklahoma City statute of limitations on oscn.net. This stands for Oklahoma States Court network and they have a statute section. Generally, the statute of limitations is going to be under Title 12 O.S. § 95.

Notable Exceptions

There are few exceptions to the standard two-year statute of limitations. If the lawsuit is against a governmental entity, the Oklahoma City statute of limitations is basically one year from the date of the wreck. However, before a person can file suit on it, they have to give notice, and then the plaintiff has 180 days after the claim is denied, or 90 days if no response, to file a suit.

Another exception occurs if the victim of a car wreck was a minor. In these cases, they have one year after they have turned 18, so up to their 19th birthday, to file a lawsuit.

Case Dismissals

There are two different types of dismissals. The first type is dismissal with prejudice, which means the plaintiff cannot refile. Depending on why the first case was dismissed, the insurance company may be able to get some of their case costs paid.

If a case is dismissed without prejudice, that means the plaintiff can refile up to a year after it was dismissed. An example of a case being dismissed without prejudice would be not getting the defendant served within 180 days after filing a lawsuit. Even though the at-fault driver’s insurance is defending the case, the driver generally must still be served.

Importance of Hiring an Oklahoma City Car Crash Lawyer

It is recommended that someone retains the services of an experienced car accident attorney when dealing with the Oklahoma City car accident statute of limitations. Once the deadline has passed, a claim cannot be filed. In a governmental tort claim especially, there are specific steps that must be followed. The city or governmental entity has to be put on notice, which actually shortens the time from a year to less than a year to file a suit.

Because these deadlines are so strict, you should not hesitate to contact an attorney if you are the victim of a car accident. An experienced lawyer could handle the details and deadlines of the case on your behalf so that you can focus on healing. Call today to discuss your situation.