Need representation from an experienced Oklahoma personal injury lawyer? Call RP Legal Group now.
Have you been in a car accident while on the way to Broken Bow Lake or Myriad Botanical Gardens? Maybe you’ve slipped and fallen in one of Oklahoma’s popular eateries. Regardless of the type of accident you’ve had, RP Legal Group can help you seek fair compensation for your injuries.
RP Legal Group serves clients in Oklahoma City, Tulsa, Fort Smith, Lawton, Norman City, and other cities throughout OK. For a free consultation, call (888) 340-7454.
Read some of our client reviews, then contact us to hire a representative for your case.
What To Know About Filing a Personal Injury Lawsuit in Oklahoma
We know Oklahoma’s laws can seem overwhelming and confusing for personal injury victims. Below, learn everything about time limits for filing a claim, damages caps, and Oklahoma’s comparative negligence rule.
What Damages Can You Recover for Personal Injury?
Oklahoma law allows you to recover economic and non-economic damages, such as the following:
- All accident-related medical expenses, including hospital care, surgery, physical therapy, and medical equipment
- Lost wages
- Property damage
- Emotional distress
- Pain and suffering
Caps on Personal Injury Damages
Not long ago, Oklahoma law capped non-economic damages at $350,000. However, a recent ruling determined that the cap was unconstitutional, so there is no longer any cap on non-economic damages.
Things are a bit different if you’re suing the government. You can’t recover more than $125,000 per incident ($175,000 for cities with a population of 300,000+). Damages are capped at $200,000 in cases involving state-run hospitals.
Time Limits for Filing in Oklahoma
Oklahoma generally gives you two years from the date of your injury to file a lawsuit (Title 12, Chapter 3, § 95). For medical malpractice, you must file within two years of discovering the injury or the date that you should have reasonably discovered the injury, whichever is earlier.
If the defendant deliberately injured you, you only have one year to file. Cases involving deliberate injury are called “intentional torts.” Examples include:
- False imprisonment
- Malicious prosecution
- Assault and battery
- Defamation
There are a few exceptions to the filing deadline. If you can’t find the defendant or they go into hiding by fleeing the state, the clock may be paused until you locate them. The state may also give mentally disabled people and minors more time to file.
If you intend to sue the Oklahoma government, the statute of limitations is rather short. You have one year to notify the government of your intent to file suit. If the government doesn’t act on your claim within 90 days, it’s the same thing as a denial. You have 180 days from the date of the denial to sue.
Oklahoma Negligence Rules
Oklahoma is one of many states that follows the 50% comparative negligence rule. This means you cannot recover any damages if you’re more than 50% at fault for your injuries. If your fault is below 50%, the court will reduce your compensation by your degree of fault.
Here’s an example: Suppose the court found you 20% at fault for an accident, and the award was set at $100,000. In that case, you would be entitled to 80%, or $80,000.
Filing Your Lawsuit in Oklahoma
In Oklahoma, you must file your lawsuit in the district court of the county where the accident happened or where the defendant lives/does business. Find the district court serving your county here.
Filing fees vary by district. In Tulsa County, for example, it costs $150 to file a small claims case (cases involving less than $10,000 in damages). The filing fee for other civil actions is $163.
Once you’ve found the correct court, you must file a petition that includes:
- The names of all parties involved in the case
- Details regarding your injuries and how they happened
- Why you think the defendant is responsible
- The relief you want (usually monetary compensation)
For a free legal consultation with a Personal Injury lawyer serving Oklahoma, call 888-340-7454
How Our Oklahoma Attorneys Can Help
Filing a lawsuit on your own can be very stressful, and that’s the last thing you need when trying to recover after an accident. Why not let an Oklahoma personal injury lawyer from RP Legal Group relieve that burden by handling the process for you?
Our attorneys can:
- Track down vital evidence, including video footage of the accident, witness statements, police reports, and black box data (for commercial truck accidents)
- Calculate all economic and non-economic damages
- Ensure we file all paperwork on time
- Negotiate with the insurance company for a fair settlement
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Types of Cases We Handle in Oklahoma
No matter how complicated your personal injury case is, our Oklahoma Bar Association-certified attorneys can help. Cases we handle include the following:
- Auto accidents (cars, trucks, bicycles, motorcycles)
- Uber and Lyft accidents
- Dog bites
- Construction accidents
- Medical malpractice
- Wrongful death
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Contact an Oklahoma Personal Injury Accident Lawyer
Don’t risk the outcome of your case by representing yourself. If you want fair compensation, hiring an Oklahoma personal injury lawyer is one of the smartest things you can do.
Call RP Legal Group at (888) 340-7454 for a free consultation with an OK attorney.
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Frequently Asked Questions
Below, we’ve answered some common questions about personal injury in Oklahoma.
Does Oklahoma Cap Punitive Damages?
Oklahoma is one of several states that cap punitive damages. If the defendant acted recklessly, damages are capped at $100,000 or the actual amount of damages, whichever is greater. If they acted maliciously, damages are capped at the greater of twice the amount of damages or $500,000.
How Much Is the Average Car Accident Settlement?
On average, car accident settlements range from $5,000 to $30,000. Call an attorney to learn how much your case may be worth.
What Happens When You Miss the Filing Deadline in Oklahoma?
If you miss the filing deadline in Oklahoma, the law bars you from recovering damages. An Oklahoma personal injury lawyer will file all necessary paperwork well before the deadline.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454