Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
When someone else’s negligence causes you harm, whether through a car crash, medical mistake, or a slip-and-fall, you may have the right to seek compensation. But that right doesn’t last forever. Oklahoma law puts a time limit on how long you have to file a lawsuit. This is known as the statute of limitations.
If you miss this deadline, your case may be dismissed—even if it’s valid. Understanding this law is crucial to protecting your rights and obtaining the necessary assistance.
The statute of limitations is a legal deadline. It tells you how long you have to take legal action after an injury or wrongful act. In Oklahoma, most personal injury lawsuits must be filed within two years of the date of the accident or injury.
Most personal injury claims in Oklahoma must be filed within two years of the event.
This two-year rule applies to cases like:
The time limit is outlined under Oklahoma Statutes Title 12, Section 95. After this period ends, the court can dismiss your claim, even if the facts are on your side.
The two-year statute covers most personal injury cases in Oklahoma. But different types of claims may follow their own specific rules. For example, medical malpractice cases follow a slightly different set of rules. You still have two years, but the clock may start from the moment you discovered the injury, not the day it actually happened.
An action for medical malpractice must be brought within two years of the date the plaintiff knew or should have known of the claim (76 OK Stat. § 18).
Wrongful death lawsuits also fall under the two-year statute of limitations. However, the time limit begins from the date of the person’s death, not the date of the accident.
If your case involves a government agency, such as a city or county employee, a separate one-year deadline applies. You must also send a formal notice within 180 days.
Oklahoma law recognizes that not every person is in the same position to file a lawsuit. In some cases, the statute of limitations can be paused or delayed. This is called “tolling.”
If the injured person is under 18, the two-year clock doesn’t start until they turn 18. After that, they have one year to file a lawsuit.
When someone is legally declared incompetent or not of sound mind, the statute is paused. Once their mental state improves or they’re declared competent, they have one year to take legal action.
The statute is paused if the injured person is a minor, mentally incapacitated, or if the defendant is absent from the state.
Sometimes injuries aren’t immediately apparent. In medical malpractice cases, for instance, symptoms may not appear immediately. In these cases, the statute begins when you reasonably should have known about the injury.
If the person responsible for your injury leaves the state or hides within it to avoid being served, the statute won’t begin until they return or are found.
Special rules apply when the lawsuit involves a government agency. You must file a notice of claim within 180 days, and the actual lawsuit must be filed within one year.
Medical malpractice cases are governed by Oklahoma Statutes Title 76, Section 18. The law gives you two years from when the injury occurred or was discovered.
Non‑economic damages in medical malpractice are capped at $350,000 unless there is gross negligence.
This includes errors such as surgical mistakes, misdiagnoses, or failures to diagnose severe conditions. While the two-year rule still applies, courts may consider when you learned of the problem if it wasn’t immediately apparent.
If the case involves a federal or tribal facility, different timelines may apply. In such cases, it’s essential to work with an attorney familiar with these exceptions.
Once the statute of limitations runs out, your legal rights to compensation are essentially gone. Even if the evidence supports your case, the defendant can ask the court to dismiss it, and the court will likely agree.
If you file after the deadline, the defendant will likely ask the court to dismiss, and you will lose your case.
Missing this deadline also weakens your position in settlement talks. If the other side knows you can’t sue, they have no reason to negotiate fairly.
Plus, waiting too long can hurt your case in other ways. Witnesses may move away or forget what they saw. Physical evidence might be lost. Acting early helps keep your case strong.
Claim Type | Standard Deadline | Tolling/Exceptions |
| Personal Injury | 2 years from injury | Minor, incompetence, discovery, out-of-state |
| Medical Malpractice | 2 years from discovery | Discovery rule, minor status, fraud concealment |
| Government Entity | 1 year + 180-day notice | Requires formal notice under Tort Claims Act |
| Wrongful Death | 2 years from death | No special exceptions beyond standard ones |
If you’ve been hurt, it’s best to act quickly. Track your deadlines carefully and gather any evidence that might support your case. This could include photos, medical records, witness information, or police reports.
Even if you think the deadline has passed, an exception might apply. Talking with a personal injury lawyer early can help you figure out what’s possible and avoid missing your chance to file.
Graves McLain Injury Lawyers has handled injury cases throughout Tulsa and understands the importance of timely action. Our legal team is well-versed in the intricacies of Oklahoma’s filing deadlines and exceptions. We work to protect your rights from the start, without charging you anything upfront.
In most cases, you have two years from the date of injury to bring a claim in Oklahoma civil court.
Yes. If you didn’t know right away, the clock may start from when you discovered—or should have covered—the injury.
You must submit a notice of your claim within 180 days and file your lawsuit within one year.
You have two years from the date of injury or discovery to file, and non-economic damages are capped at $350,000.
The court will likely dismiss your case, and you may lose your ability to recover any compensation.
Understanding Oklahoma’s statute of limitations is crucial if you were wounded as a result of another person’s negligence. In most cases, you have two years to act, but exceptions may apply. Don’t wait until the deadline is near or passes. Acting early gives you the best shot at building a strong case.
If you’re unsure about your deadline or whether an exception may apply, consult with a personal injury lawyer who is familiar with the regulations in Oklahoma. Graves McLain Injury Lawyers can review your situation, explain your options, and help you take the next step, with no upfront cost.
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.
