Oklahoma law sets strict time limits, known as the statute of limitations, for filing personal injury claims. Missing the deadline could mean losing your right to recover compensation, no matter how valid your claim. If you were injured in an accident in Tahlequah—whether from a car crash, slip and fall, or another type of incident—it’s essential to understand how much time you have to take legal action.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline by which you must file a lawsuit in civil court. Once this period expires, your claim is typically null, even if the other party was clearly at fault. These time limits vary depending on the type of legal claim involved, and they are strictly enforced by courts throughout Oklahoma, including in Tahlequah.
Oklahoma’s Personal Injury Statute of Limitations
Under Oklahoma law, you have two years from the date of the injury to file a lawsuit for most personal injury claims. This includes injuries resulting from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Dog bites
- Assault or intentional harm
- Negligence of property owners or businesses
The clock starts ticking on the date the injury occurred, not when you discover the full extent of your injuries.
Exceptions That Can Extend the Deadline
There are a few limited circumstances under Oklahoma law that may “toll” (pause) the statute of limitations:
- Injured minors: If the injured person is under 18 at the time of the accident, the two-year statute of limitations does not begin until they reach adulthood.
- Mental incapacity: If the injured person is legally incompetent at the time of the injury, the deadline may be extended.
- Delayed discovery: In rare cases, where the injury is not discovered right away and could not reasonably have been known, the court may allow the clock to start from the date of discovery.
Even with these exceptions, courts require strong evidence to extend the deadline. That’s why it’s always best to speak with a personal injury attorney in Tahlequah as soon as possible after your accident.
What Happens If You Miss the Deadline?
If you file personal injury claims after the statute of limitations has expired, the defendant can file a motion to dismiss the case. In almost all instances, the judge will grant the motion, and you will lose your right to seek compensation in court.
This applies regardless of how severe your injuries were, how clear the liability is, or whether the other party has insurance.
Why You Should Act Quickly
Even though two years may seem like plenty of time, acting early strengthens your case. Here’s why:
- Evidence (like photos, surveillance footage, and witness statements) can disappear
- Witnesses may forget details or become unavailable
- Insurance companies may delay or deny your claim if they suspect you’re not serious about pursuing compensation
Speaking with a qualified personal injury attorney soon after your injury allows your legal team to gather evidence, negotiate with insurers, and file a timely lawsuit if needed.
Tahlequah Personal Injury Attorneys
Our personal injury attorneys help clients in Tahlequah get the compensation they deserve. We’re familiar with the local court system and are ready to advocate for your rights, whether through negotiation or trial. For a free and confidential consultation with one of the personal injury team members at Tahlequah Lawyers, call 539-867-2321. Or follow this link to ask an online legal question.