An Oklahoma City child injury attorney investigates how your child was hurt, handles every insurance conversation for your family, and protects the money your child recovers. Oklahoma tolls a minor’s filing deadline during minority, with suit allowed within one year after the 18th birthday or the ordinary two-year period if longer (12 O.S. § 96), and 12 O.S. § 83 controls how a child’s settlement is safeguarded.
Why Oklahoma City families choose our child injury lawyers
Hasbrook & Hasbrook has fought for injured Oklahomans since 2000, a father-and-son firm now led by David and Clayton, recovering millions for clients each year. attorney Clay T. Hasbrook has practiced Oklahoma injury law since 2008. Two entries from the firm’s published results:
- $100,000 Injured Passenger: a teenage passenger needed ankle surgery; we found uninsured motorist coverage her family’s first lawyer missed and recovered another $100,000 for her.
- $150,000 Premises Liability
Our contingency fee is 25% when your case settles before a lawsuit is filed, and on any settlement our fee is never more than what you take home after medical bills and case costs are paid. You pay nothing up front, and you owe no fees and no case costs unless we recover money for you.
Rated 4.8 out of 5 across 91 Google reviews. From recent reviews:
“Very professional, knowledgeable and responsive. Mr Hasbrook treats you with respect, listens to you, and does everything within his power to attain the outcome you deserve and want.” Joni, Google review
“I highly recommend Hasbrook & Hasbrook to anyone who needs the services of a personal injury lawyer. Their level of professionalism, commitment, and legal expertise are exceptional.” Kev, Google review
What causes child injuries in Oklahoma City?
Most child injury claims in Oklahoma City come from car crashes, daycare and school negligence, dangerous property, dog attacks, and swimming pools. The legal question is the same: did the adult or business responsible for your child’s safety fail to prevent a foreseeable hazard? Unintentional injuries are the leading cause of death among American children (CDC).
- Car crashes. Even a low-speed wreck can seriously hurt a child’s developing body; see our Oklahoma City car accident practice and the first steps when a child is hurt in a wreck.
- Daycare and school negligence. Understaffed rooms, missed supervision, vague incident reports. Private facilities answer in ordinary negligence; public schools follow the notice rules below.
- Dangerous property. Unfenced pools and broken equipment support holding a careless property owner responsible, including swimming pool injury cases.
- Dog bites. Children take the worst of dog attack cases: facial wounds, nerve damage, lasting fear. Oklahoma’s dog owner liability rules usually favor the injured child.
- Kids on foot and on bikes. School-zone collisions become pedestrian accident claims or bicycle crash claims; school transportation wrecks raise bus accident liability.
Car seat injuries and child restraint failures
Parents searching for a car seat attorney in Oklahoma City usually need two questions answered: was the seat used correctly, and did it fail anyway? Oklahoma’s child restraint law, 47 O.S. § 11-1112, puts children under 4 in a car seat (rear-facing until age 2 or the seat’s own limits), children 4 through 7 in a car seat or booster unless taller than 4 feet 9 inches, and allows a properly worn seat belt from age 8. Properly used car seats cut the risk of fatal injury by up to 71% for infants (NHTSA).
A buckling mistake does not sink the claim: the statute makes a restraint violation inadmissible in a civil case when the injured plaintiff is a child under 16, and for an infant a restraint failure cannot raise or lower damages. See Oklahoma’s car seat requirements by age and the child car seat law in full detail.
What are the most common child injuries in Oklahoma?
The child injuries we see most often are traumatic brain injuries, growth plate fractures, spinal cord damage, and burns. A child’s developing body makes early diagnosis harder and long-term monitoring more important.
- Head trauma. Falls and crash impacts drive our child brain injury cases; learn the early symptoms of a TBI, which in children can surface days after the accident.
- Growth plate fractures. Damage to the cartilage at the ends of growing bones can quietly disrupt development for years; see how growth plate injuries affect growing bones and our broken bone injury claims.
- Spinal cord and burn injuries. Both demand decades of care; our spinal cord injury cases, burn injury cases, and life-altering catastrophic injury cases are built around life-long cost projections.
- Fatal injuries. In the worst cases, parents can pursue an Oklahoma claim for the loss of a child; statute sets who may bring it.
How do you prove fault in an Oklahoma child injury case?
You prove a child injury case like any negligence claim: duty, breach, causation, damages. What changes is who owes the duty and how much care the law demands. Schools and daycare centers accept a duty of supervision when they accept your child. Property owners owe children more care than adult trespassers under the attractive nuisance doctrine: a pool, trampoline, or construction site that draws a curious child can create liability even when the child wandered in uninvited.
Several parties can share fault: a daycare and its employee, or a teen driver and the parents who own the car; we cover when parents answer for a teen driver’s wreck. Oklahoma’s modified comparative fault rule, 23 O.S. § 13, bars recovery only when the injured person’s fault exceeds 50%, and juries rarely assign meaningful fault to young children. Insurers try anyway, so decline recorded statements: adjusters ask leading questions, and even “she seems to be doing better” gets quoted back months later.
What compensation can you recover for a child injury in Oklahoma?
Economic damages have no cap. Medical bills, future care, therapy, adaptive equipment, and lost earning capacity are recoverable in full. The future-care number is usually the largest, so we price it with pediatric specialists and a life-care planner before talking settlement.
Noneconomic damages are capped, with exceptions that matter in child cases. For injuries on or after September 1, 2025, pain, mental anguish, disfigurement, and lost childhood experiences are capped at $500,000 under 23 O.S. § 61.3 (2025, SB 453), a new statute that has not yet been tested in court, but there is no cap when the child suffers permanent and severe physical injury, including a substantial physical abnormality or disfigurement, loss of use of a limb, loss of or substantial impairment to a major body organ or system, or an injury that leaves the child unable to independently care for himself or herself. The cap also falls away if the judge and jury find by clear and convincing evidence that the defendant acted in reckless disregard for the rights of others, was grossly negligent, or acted fraudulently, intentionally or with malice. A permanent mental injury that itself severely impairs the child’s ability to be employed or enjoy a reasonable standard of living carries a separate $1,000,000 limit. The cap does not apply to wrongful death actions or to claims under the Governmental Tort Claims Act. Punitive damages under 23 O.S. § 9.1, which require clear and convincing evidence, can add up to the greater of $100,000 or the actual damages for reckless disregard for the rights of others, with higher limits for intentional conduct with malice.
Which Oklahoma deadlines protect your child’s claim?
Adults get two years to file suit under 12 O.S. § 95; a child’s own claim runs on a different clock. 12 O.S. § 96 pauses the deadline during minority and allows at least one more year after the child turns 18. Do not wait: camera footage gets overwritten and witnesses scatter. The full picture is in how Oklahoma’s filing deadlines pause and stack.
Two rules catch families off guard:
- Government defendants. If a public school district, city pool, or other public entity is responsible, you must present a written notice of claim within one year of the loss under 51 O.S. § 156, with damage caps and immunities layered on top; see claims against Oklahoma governmental entities. Miss the notice and the claim is barred. Minority does not extend the one-year Governmental Tort Claims Act notice deadline. Once notice is presented, the entity has 90 days to act, and suit must follow within 180 days after the claim is denied (51 O.S. § 157).
- Settlement safeguards. Under 12 O.S. § 83, net settlement proceeds over $25,000 must be deposited by court order into an insured account, a court-approved trust, or a structured annuity; net amounts over $1,500 and up to $25,000 can be finalized by a parent’s sworn affidavit. Either way, the money generally stays locked until age 18. We walk families through preparing for a friendly suit hearing and how structured settlements pay out.
What should you expect during your child’s injury claim?
Five phases: investigation, medical treatment and expert evaluation, demand preparation, negotiation or mediation, and court approval when required. Child cases reward patience: growth plate and brain injuries may not show their full cost for months or years, so we do not settle before those costs are known. Meanwhile, document the injuries and expenses, keep damaged equipment, and route insurer calls to us.
Frequently asked questions about child injuries in Oklahoma
Does a court have to approve my child’s settlement in Oklahoma?
Over $25,000 net, yes: a judge confirms the settlement serves the child and orders the money deposited. Between $1,500 and $25,000 net, a parent’s sworn affidavit under 12 O.S. § 83 can complete it. Funds stay locked until 18 absent a court order.
How long do you have to file a child injury lawsuit in Oklahoma?
A child’s own claim is paused during minority, then runs at least one more year after the 18th birthday. Against a government entity, the one-year written notice comes first. Waiting costs evidence either way.
What does duty of care mean for a school or daycare center?
Supervising children and keeping the environment reasonably safe: enough qualified staff, working equipment, screened employees, honest incident reporting. Breach is proven with the facility’s own records, staffing logs, prior complaints, and licensing citations, so we send preservation letters immediately.
What does a pediatric injury lawyer actually do?
The same liability work as any injury lawyer, plus the child-specific layer: pediatric specialists and life-care planners to price future needs, monitoring plans for growth plate damage, negotiating medical liens, and the court-approval and trust rules that protect the recovery.
Can you recover if your child was partly at fault?
Usually, yes. Compensation drops by the child’s fault percentage and is barred only when that share exceeds 50% under 23 O.S. § 13. Juries rarely hold young children to adult judgment, and we push back when adjusters blame a child.
Contact an Oklahoma City child injury attorney today
Call (405) 605-2426 or send your case details online. The consultation is free, and as described above, you owe nothing unless we recover for your child. We can start preserving daycare records, camera footage, and witness statements this week.
