Anyone who suffers a personal injury due to someone else’s negligence or fault has the right to file a claim. However, the claim is only valid if they file it on time. The law of Tulsa, Oklahoma, limits the time period for filing a personal injury lawsuit. The statute of limitation in this state is usually two years from the date of the accident.
The time limitation encourages the plaintiff to present a lawsuit in court while the evidence is still admissible and protects the victim from an indefinite lawsuit. Failure to adhere to the statute of limitation can result in the dismissal of the case.
Every state has its law guiding how much time victims of personal injury have to file claims. Tulsa, Oklahoma’s statute of limitation for personal injury claims is two years, dating from the date of the accident.
There are three main reasons for a two-year statute of limitation in Tulsa.
These are:
The two-year statute of limitation ensures the evidence remains admissible in court.
It’s important to note that the statute of limitation does not dictate the time period for reporting the accident to the insurance companies. Most insurance policies require victims to report an accident as soon as it occurs. The attorney of the victim should inform the insurance agency as soon as possible so that they can carry out their own investigations.
For personal injury claims in Tulsa, the statute of limitation starts running from the date of the accident. The plaintiff needs to count two years from the date of the accident to file a personal injury claim.
However, there are exceptions to the statute of limitation in Tulsa, Oklahoma.
If the personal injury claim involves a government entity, victims have a shorter time to file a claim.
The statute of limitation when a government entity is involved is usually one year and involves a certain set of procedures that only an attorney can help with.
Another exception is when the accident victim is a minor or has a disability. The law declares a person with a “legal disability” or a minor as incapacitated hence, incapable of making important decisions such as filing a lawsuit. This person is given one year from the time the disability ends or from the time they turn 18 years to file a personal injury claim.
Finally, the statute of limitation in Tulsa can be extended if the at-fault person leaves the state or conceals their identity to avoid the lawsuit.
The period under which this person goes into hiding will not be counted in the statute of limitation.
While two years seems like enough time to prepare all the evidence and file a personal injury claim, it’s still common for people to miss it. If anyone misses the two years in the statute of limitation, they can still go ahead and file the claim. However, the defendant can point this out and dismiss the case.
Unless the exceptions above apply, the judge can grant the dismissal of the personal injury claim. The plaintiff may not be able to take any other legal action if they’re denied fair compensation after the statute of limitation expires.
Plaintiffs must adhere to the statute of limitation if they want to have negotiating power. Remember, the insurance companies want to ensure they pay as little as possible, and once the plaintiff loses their negotiating power, they have no option but to settle for anything. In fact, the insurance company may even refuse to compensate the victim, and they won’t be able to do anything legally.
Victims need to take prompt action and file their personal injury claims on time. In cases where the victims are not capable of handling the process themselves, a personal injury attorney may help.
The two years can go by two first and without knowing it, the statute of limitation will have elapsed. The best way to avoid such problems is to have a personal injury attorney.
The attorney understands Tulsa’s personal injury law better and will help with the personal injury claim. The role of the personal injury attorney will include reviewing the case, calculating the statute of limitation, and filing a lawsuit based on the facts.
Experienced attorneys understand the victim’s rights in case of personal injuries and will defend them in the best way possible. They will help negotiate a fair settlement with the insurance companies or file a lawsuit if they don’t reach an agreement.
They can also help gather the necessary information about the claim, advise victims on the statute of limitation, and estimate what victims may expect as compensation.
Hiring an attorney with personal injury claim experience ensures the whole process is handled in a professional way. They ensure the victim’s interests are well represented and fight for the best settlement possible.
Regardless of the state where you come from, adhering to the statute of limitation is important in almost every legal case. For example, a recent case where a woman lost a clear medical malpractice claim due to untimeliness. The court tossed out the case because the plaintiff took too long to file a claim.
In this case, a doctor failed to diagnose the defendant with a fungal infection when he carried out a CT scan of her sinuses in 2015. After seeking a second opinion in 2016, the patient realized that she had a fungal infection that the first scan would have diagnosed.
However, the patient only filed a claim for medical malpractice in 2020, four years after discovering the infection. The court argued that the patient waited too long to file a lawsuit, dismissing the case.
Anyone who thinks they have a right to compensation due to the negligence of another party should not wait too long to file a claim. To be safe, it’s important to seek advice from a qualified attorney who’ll help calculate the statute of limitation and advise on the best cause of action.
If you are dealing with a personal injury claim, contact us or call us at 918-359-6600 for a free consultation and we will discuss with you how we can help you receive the compensation you deserve.
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.
