Have you been involved in a car accident with a negligent driver? Although most people try to recover compensation through an insurance provider, there are situations where you may have to take your claim to court to recover the compensation you deserve. However, Oklahoma law gives you limited time to file a personal injury lawsuit.
The statute of limitations is a law that sets the window of time when a person can file a lawsuit against someone who injured them. Oklahoma gives car accident victims two years from the crash date to file a lawsuit seeking compensation.
What Is the Purpose of the Statute of Limitations?
There are several essential functions of the Oklahoma statute of limitation laws. Setting a deadline:
- Encourages timely legal action – Legal deadlines help ensure that the litigation process moves through the court system as smoothly and timely as possible, preventing a backlog of old cases. It also prevents individuals from living under the constant threat of litigation.
- Allows the legal system to hear all cases – Deadlines allow more efficient distribution of judicial resources. This eases the burden on the legal system and ensures cases are heard in a reasonable timeframe.
- Helps preserve evidence and witness testimony – The longer you wait to file a lawsuit, the more likely evidence can be lost or destroyed. Unfortunately, memories are not unfailing. As time passes, witness testimony can become more unreliable.
Why Is It Important to Comply with the Statute of Limitations?
You must comply with the statute of limitations and file your personal injury lawsuit within two years of the accident date. Filing a lawsuit after the deadline means the opposing side can request your case be dismissed. In virtually every case of this nature, the court will grant this request. If this happens you will lose all the leverage you get from threatening to go to trial and the ability to pursue maximum compensation for your financial losses. Once the statutory period lapses, you will have very few, if any legal options.
Can the Deadline Be Extended?
In rare cases, you can extend the deadline to file a personal injury lawsuit in Oklahoma, such as:
- Minor victims – When a child is injured in a car accident, they have one year after their 18th birthday to file a lawsuit.
- Disabled victims – If an accident victim becomes disabled, incapacitated, or mentally incompetent, the statute of limitations gives them one year after they are declared legally competent again.
- Missing defendant – If the at-fault individual leaves the state or cannot be found before you file a lawsuit, that time does not count as part of the limit for filing a lawsuit.
An attorney can review all the legal exceptions to the statute of limitations deadline and evaluate whether your case merits more time.
Contact an Experienced Oklahoma Car Accident Lawyer Today
When you speak to a car accident lawyer, you can ensure you don’t run out of time to pursue compensation for your injuries. If a negligent individual has injured you, contact the legal team at Ryan Bisher Ryan & Simons for help.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
