The statute of limitations for civil cases in Oklahoma varies depending on the type of case. The statute of limitations is the period within which you must file a lawsuit. After this period is up, you generally lose the right to sue. Seeking legal counsel can help you determine if your claim still falls within the statute of limitations and what to do next.
General Civil Case Statutes of Limitations
Each type of civil case will come with its own time period as set by Oklahoma statutes, with some of the most common civil cases being:
Personal Injury: Personal injury cases include injuries caused by negligence, such as car accidents and slip and fall incidents. You have 2 years to file a personal injury claim.
Property Damage: These are claims for damage to personal or real property, such as damage to a vehicle in a car accident or harm to a home due to a neighbor’s actions. You have 2 years to file these claims.
Breach of Written Contract: This involves the breach of a written agreement or contract and you must file within 5 years.
Breach of Oral Contract: Similarly, these are claims involving the breach of an oral or verbal contract, however, you only have 3 years to file.
Fraud: You must file claims based on fraud within 2 years of discovering the fraud.
Defamation (Libel and Slander): This includes claims for libel (written defamation) and slander (spoken defamation). In these cases, you only have 1 year to file.
Medical Malpractice: Claims for medical malpractice must be filed within 2 years from the date the injury was discovered or should have been discovered.
Product Liability: Product liability is claims involving injuries caused by defective or dangerous products and you must file within 2 years.
Wrongful Death: You must file claims for wrongful death within 2 years of the date of death.
Professional Malpractice (Non-Medical): Professional malpractice includes malpractice claims against professionals such as lawyers, accountants, and other non-medical professionals. You have 2 years to file.
Exceptions and Special Considerations
There are some exceptions to these rules. For certain types of claims, such as fraud and medical malpractice, the statute of limitations may not begin until the injury or harm is discovered or should have been discovered with reasonable diligence due to the Discovery Rule. Some contracts may include specific clauses that alter the statute of limitations for certain claims. It is essential to review the terms of any contract for such provisions.
The statute of limitations may be tolled (paused) under specific circumstances, such as if the plaintiff is a minor or mentally incapacitated, and delays the commencement of the limitations period. For minors, the statute of limitations typically does not begin until they reach the age of majority (18 years old). Therefore, they generally have the full statutory period to file a claim once they turn 18.
Knowing any exceptions that may apply is helpful as filing a lawsuit within the statute of limitations is crucial. If someone files a claim after the statute of limitation expires, the court will likely dismiss the case.
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Tulsa County Civil Lawyers
The statute of limitations for civil cases in Oklahoma varies depending on the type of claim. It is essential to be aware of these time limits and file any legal actions promptly to preserve your rights. Our team of business lawyers here at Tulsa County Lawyers Group will guide you through the filing process. We’ll ensure you meet all deadlines and requirements, as well as are aware of any exceptions. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
