How Long Do I Have to File a Spinal Cord Injury Claim?

A spinal cord injury is one of the most life-altering injuries a human can experience, with permanent disability and lifelong adverse health implications. These impacts of a spinal cord injury are economically costly as well as emotionally traumatic.

When the spinal cord injury results from someone else’s negligence or wrongdoing, you have the right to seek compensation for your losses, but how long do you have to file a claim? An OKC spinal cord injury lawyer can help you understand how the state’s statute of limitations applies in your case.

Understanding the Oklahoma Statute of Limitations for Spinal Cord Injury Claims

All states impose a time limit, or statute of limitations, on the amount of time after an accident or injury that the injury victim has to file a compensation claim. Under Oklahoma 12 O.S. § 95, the state limits actions against those who’ve caused personal injury to another through careless, reckless, or wrongful action to two years from the date the accident or incident occurred.

Most personal injury cases, including spinal cord injury claims, are resolved through a settlement from the at-fault party’s appropriate insurance policy, such as auto insurance after a car accident or commercial liability insurance for a premises liability claim. 

Only about 4% of personal injury claims go to court. However, if a case requires a trial because the insurance company wrongfully denies or undervalues the claim, a spinal cord injury victim in Oklahoma City must file the lawsuit petition within two years of the accident date, or the court will refuse to hear the case. 

Insurance companies also follow Oklahoma’s statute of limitations for personal injury claims, with the understanding that the claimant cannot take them to court after the time limit expires. An Oklahoma City spinal cord injury attorney can ensure all deadlines are met and your claim is filed properly within the statute of limitations.

Why Have a Time Limit for Filing a Spinal Cord Injury Claim in Oklahoma City?

Spinal cord injuries have a high lifetime cost of an estimated $2,310,104 for a 25-year-old with paraplegia, or partial paralysis, or as much as $4,724,181 for tetraplegia or complete paralysis. The success of a spinal cord injury claim against the responsible party is crucial for an injury victim to relieve the financial hardship associated with the injury, as well as to provide a sense of justice for the injury victim.

The statute of limitations helps ensure that evidence in the case is still available and that eyewitness testimony remains reliable should the case go to court. A time limit on filing personal injury claims in Oklahoma City also protects defendants against the long-term threat of lawsuits. An experienced spinal cord injury lawyer understands the importance of acting quickly to preserve evidence and build a strong case well before the deadline.

Are There Exceptions to the Statute of Limitations for Oklahoma City Spinal Cord Injury Cases?

It’s important to understand how the statute of limitations impacts your case based on the unique circumstances. 

For instance, claims against government agencies, such as public transit systems, road-planning agencies, park services, and other entities, have a shortened time limit under the Oklahoma Governmental Tort Claims Act. It requires the injury victim to give notice to the agency within one year of the injury, then wait for an approval or denial. After approval, the injury victim must file the claim within 180 days.

There are also limited circumstances under which the state may extend the time limit for an Oklahoma spinal cord injury claim. 

For example, if an injury occurs to a minor, they have up to two years from their 18th birthday to file a spinal cord injury claim. A spinal cord injury victim in Oklahoma who discovers the cause of their injury later, which sometimes occurs in medical malpractice claims, may have a time limit of two years from the date of the discovery under the discovery rule. 

An OKC spinal cord injury attorney can evaluate whether any exceptions apply to your case and advise you on the appropriate timeline for filing your claim.

Don’t let the statute of limitations expire on your spinal cord injury claim. Contact an experienced spinal cord injury lawyer in Oklahoma City from Dan Davis Law at (405) 930-4210 today for a free consultation to protect your rights and pursue the full compensation you deserve.