A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Oklahoma for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Oklahoma lawyer to find out how a statute of limitations applies to your situation.
Fraud:
Actions based on fraud must be filed within 2 years. This two year limitations period runs from the time the facts surrounding the fraud were discovered.
Libel-Slander-Defamation:
These types of actions must be filed within 1 year from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury. If the injured party is a minor under the age of 12, that minor child’s parent or guardian must file the legal action on behalf of the minor within 7 years of the date of the act resulting in the injury. If the injured party is a minor over the age of 12, he or she will have one year from his or her 18th birthday to file a legal claim. The minor must be given at least the standard 2 year medical malpractice limitations period from the date of the injury, however.
Personal Injury:
Personal injury actions must be filed within 2 years from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 2 years from the date of the injury.
Professional Malpractice:
All actions against professionals must be filed within 2 years of the date of the act resulting in the injury.
Wrongful Death:
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Oklahoma, when the injured party is a minor, that minor has one year beyond his or her 18th birthday to file a legal action. This exception does not apply in medical malpractice or wrongful death cases, however. In those instances, please refer to the above information, or refer to the statute directly. If an injured party is deemed to be mentally incompetent or insane, he or she will have the standard limitations period after the termination of the disability, up to 7 years from the time of the act resulting in the injury, (or less, depending on the type of action) to file his or her claim.
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