Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
When a child is hurt due to someone else’s negligence, the situation becomes especially stressful for families. Along with medical care and emotional healing, there’s also the legal side—knowing how long you have to take action. In Oklahoma, different time limits apply when the injured person is a minor. The rules can be confusing, especially when a government agency, such as a public school, is involved.
One case that brought these deadlines into the spotlight is the Kingfisher High School lawsuit. It highlights the importance of understanding the statute of limitations and how it changes when minors are involved. This guide walks you through those timelines, outlines the exceptions that may apply, and explains how Oklahoma’s Governmental Tort Claims Act (GTCA) impacts claims against public entities, such as schools.
Oklahoma law typically gives people two years from the date of their injury to file a personal injury lawsuit. This is true for most common situations—car accidents, slip and fall incidents, product defects, medical malpractice, and wrongful death (where the clock starts on the date of death).
In some cases, that two-year clock doesn’t start right away. Suppose an injury wasn’t discovered immediately—such as with some medical injuries—the deadline begins when the injury is identified. This is called the discovery rule.
There’s also an exception for people who are considered mentally incompetent. If someone is not mentally capable of handling their affairs at the time of the injury, the countdown can pause until they regain competence or for up to seven years.
When the injury involves a government entity, like a public school, different rules apply. These cases fall under the Oklahoma Governmental Tort Claims Act (GTCA). It sets much shorter deadlines for notifying the agency and filing a lawsuit.
You must file a written notice of your claim within one year of the injury. Then, if the government denies your claim—or doesn’t respond within 90 days—you have only 180 days to file a lawsuit. That’s a much shorter timeline than the usual two years for personal injury cases.
Under 51 O.S. §152–157, a claim against a governmental entity must be filed within one year—and if it’s denied, a lawsuit must follow within 180 days.
If you plan to sue a school district, teacher, coach, or any other public employee, you must follow the GTCA steps exactly. Missing these deadlines can mean losing your right to sue—even if your case is strong.
Recent legislative updates in Oklahoma have also clarified who is considered a government employee under this law, which could impact future school-related claims.
When the injured person is a minor, Oklahoma law offers more time to take legal action. The statute of limitations depends on the child’s age at the time of the injury.
However, parents who want to be reimbursed for their child’s medical expenses still need to file within two years of the injury, no matter the child’s age. That’s because medical bills are considered the parents’ legal responsibility, not the child’s.
Parents of a child under 12 may file up to seven years after the injury or its discovery. Minors aged 12–17 have one year after their 18th birthday.
This case involved a student known as “John Doe No. 1,” who played football at Kingfisher High School from 2017 to 2021. According to the lawsuit, Doe was subjected to Years of physical, verbal, and sexual abuse by teammates and coaches. The abuse included death threats, dangerous drills, being tasered, and daily towel beatings.
The initial petition was filed in July 2021—just before Doe’s 19th birthday—to meet the deadline for minors filing civil claims. Later, in January 2022, his legal team filed an amended complaint, adding more specific claims and accounts from other players and families. This updated filing fell within Oklahoma’s six-month amendment window.
The petition was filed just before the expiration of Oklahoma’s statute of limitations on John Doe’s 19th birthday—the deadline for reporting underage crimes.
The school board later rejected a $1.5 million settlement offer. The case remains ongoing and continues to draw public attention. It also triggered state-level investigations by the Oklahoma State Bureau of Investigation (OSBI) and the Department of Education.
Here’s a breakdown of the various filing deadlines in Oklahoma for personal injury claims, including special rules for minors and government-related cases.
| Population / Defendant | Time Limit to File Suit | Tolling or Special Rules |
| Adults (private entity) | 2 years from injury or discovery | Discovery rule; mental incompetence pause |
| Minor under 12 | 7 years from injury or discovery | Time paused until age 18 |
| Minor aged 12–17 | 1 year after turning 18 | Statute begins on 18th birthday |
| Parents’ medical-cost claims | 2 years from injury | No tolling for child’s age |
| Government entities (GTCA) | 1 year to file claim, +180 days after claim denial | 90-day response window; strict notice rules |
It depends on their age. Children under 12 have up to 7 years from the date of the injury. Teens between 12 and 17 have one year after they turn 18 to file.
You must notify the government within one year of the incident, then file your lawsuit within 180 days after the claim is denied or goes unanswered for 90 days.
Yes. If the injury wasn’t immediately apparent, the clock starts when it’s discovered. This applies to both personal claims and some parental claims.
Yes. If someone is mentally incompetent when injured, the deadline pauses until they regain capacity or seven years pass—whichever comes first.
That usually falls under the GTCA. The shorter notice deadlines and specific filing steps apply in these situations.
Understanding how long you have to file a lawsuit when a minor is injured is vital. Oklahoma law has different deadlines depending on whether the defendant is a private party or a public entity, such as a school. For minors, the time limits change based on age and circumstances. In any case, missing these deadlines can mean losing your right to take legal action, even in severe cases.
If your child was injured due to negligence, especially in a school or public setting, it’s essential to act quickly. Graves McLain Injury Lawyers has experience with Oklahoma personal injury law, including lawsuits involving minors and public schools. We’re here to help your family understand your options and protect your child’s future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
