What Is the Statute of Limitations for a Car Accident Claim In OKC?
A car accident is a life-disrupting experience, with implications on all aspects of an injury victim’s life, including expensive medical treatment and lost paychecks. Some accidents end in life-altering injuries. After a car accident caused by another driver’s careless or reckless actions, an injury victim shouldn’t be left with the economic damages as well as the painful physical consequences of the accident. A car accident claim recovers compensation for more than just property damage to a car, it also provides compensation for medical expenses and lost earnings.
Many car accident victims file claims soon after an accident, but in some cases, the full scope of the injuries and damages isn’t clear until some time later. How late is too late to file a claim? An Oklahoma City car accident lawyer is here to ensure you get the compensation you deserve.
Oklahoma’s Time Limit for Car Accident Claims
Like all states, Oklahoma sets a time limit for filing a compensation claim after a car accident. In Oklahoma under Oklahoma Statute §12-95, car accident victims have up to two years after the date of the accident to file a claim for compensation against an at-fault driver. This statute of limitations serves multiple purposes, including the following:
- It protects defendants from living under the long-term threat of lawsuits
- It ensures that evidence remains available for an injury victim’s attorney to present proof of liability directly to the at-fault party’s insurer or in court if the claim requires litigation
- It helps eyewitness testimony to remain reliable if a case goes to court
A civil court in Oklahoma will not hear a car accident case if the injury victim files a claim more than two years after the car accident date. For this reason, insurance companies have no incentive to pay out the full amount on a claim filed too close to the time limit, and won’t accept claims filed past the statute of limitations.
Are There Exceptions to Oklahoma’s Two-Year Statute of Limitations for Car Accident Claims?
Under limited circumstances, the state may extend—or toll—the two-year statute of limitations for car accident claims. Common reasons for extending the time limit include the following:
- If a minor is injured in a car accident, they have up to two years from their 18th birthday to file a claim
- If a car accident victim has delayed symptom presentation and discovers an injury later, the state may extend the statute of limitations to two years from the date of the injury diagnosis or from the date when the injury victim should reasonably have discovered the injury
- If a car accident victim is unconscious or incapacitated for a time after the accident, they have up to two years from the date they recover cognitive ability to file their claim
If you have questions about how Oklahoma’s statute of limitations impacts your Oklahoma City car accident claim, a car accident attorney can help.
What Can I Recover From a Car Accident Claim In Oklahoma City?
Car accident victims have a right to recover their losses after an accident. If injuries occur, the damage extends far beyond the cost of repairing or replacing a damaged or totaled vehicle. A successful car accident claim filed within Oklahoma’s two-year statute of limitations results in compensation for car accident damages such as past and future medical expenses, past and future income loss, diminished future earning capacity, and compensation for pain and suffering. In some cases, other damages may apply with compensation for non-economic damages such as loss of limb, loss of one of the senses, disfigurement, organ loss, or diminished quality of life due to disability.
An experienced personal injury lawyer in Oklahoma City carefully calculates their client’s damages to maximize the amount of compensation available to them.