What Is The Statute Of Limitations For A Car Accident In Oklahoma?
The statute of limitations for anyone who has been in a car accident in the State of Oklahoma is two years from the date of the accident. While that seems pretty black and white, there are a lot of gray areas.
The Modified Comparative Fault
Oklahoma has a modified comparative fault rule which is designed to prevent frivolous lawsuits. In Oklahoma, you can only recover following an auto accident if you are found to be at less fault than the other driver or drivers if more than two vehicles are involved.
Not all auto accidents are 100 percent the fault of the other driver. Sometimes the fault of an accident is a percentage. For example, the other driver might be 80 percent at fault, which means you are 20 percent at fault. Sometimes both drivers are 50 percent at fault. The percentage of the fault must be less than that of the other driver for you to receive financial recovery, and then it might not be 100 percent recovery of your damages. It may only be a percentage. It is a gray area, and it makes collecting data from the accident very important.
Even under the Modified Comparative Fault rule, you still have only two years from the date of the accident to file in court.
Property Recovery From an Accident
When you are in an auto accident the damages can range from personal property – the damage to your car or items that you were transporting – to personal injuries. All injuries sustained in a motor vehicle accident, whether personal injury or property damage/loss, fall under the same two-year statute of limitations.
You have two years to file a court case to seek financial recovery for any damage to your car, any injury you or a passenger sustains, and any other type of loss with one exception. If death occurs and the accident is considered a wrongful death situation, the statute of limitations is still two years. However, the time starts to run on the day the person died rather than the date of the accident.
That means if someone is injured in a vehicle accident, and dies two months later, the two-year countdown to the last day you can file a case is two years from the date of the death or in this example, sixty days after the date of the accident.
Contact Owens Law Office If You’ve Been Injured In A Car Accident
It is important to seek legal help from a personal injury attorney if you are hurt in a car accident. The sooner you do this the better. A lawyer who specializes in personal injury will be able to help you understand your rights, keep you ahead of time limits for your case, and help you find the resources you are due. They will help you handle the insurance company, and the other parties involved, and when necessary they will help you through the court process. Owens Law Office serves the greater Oklahoma community and specializes in personal injury cases. To learn more about your rights and the circumstances that govern your case, give us a call at 405-608-0708.