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A personal injury is any incident in which one party’s actions result in harm to another party. Whenever such an incident arises, the injured victim has the right to pursue compensation for their damages with a personal injury case, but there is a time limit for them to do so. The Oklahoma personal injury statute of limitations dictates the time you have to file your personal injury claim after you have suffered an injury due to another party’s actions.
The statute of limitations for most personal injuries in Oklahoma is two years, and the statute begins on the date an injury occurred. This statute of limitations applies to most personal injuries resulting from negligence, such as vehicle accidents or slip-and-fall accidents. When a personal injury results from intentional misconduct, called an intentional tort, the statute of limitations is only one year. This applies to injuries from assault and battery or domestic violence.
In some cases, the statute of limitations may be extended. For example, if the exact cause of an injury is not immediately noticeable, then the statute may begin on the date the victim discovered the cause of their injury, or the date they discovered the harm that was done to them.
Missing the statute of limitations for your personal injury case will mean losing your chance to claim compensation for your damages, regardless of the strength of your case. If you attempt to file a personal injury claim outside of the statute of limitations, it is very likely that the defendant’s attorney can simply file a motion to dismiss the case, or it may be immediately thrown out of court due to the missed statute.
Some of the common causes of personal injuries in Oklahoma include motor vehicle crashes, slip and fall accidents, and injuries from illegal acts of violence. The National Safety Council reports that vehicle crashes are a leading cause of accidental injury and death in the United States each year. In 2023 alone, vehicle crashes caused nearly 45,000 deaths and more than five million injuries throughout the United States.
Success with your personal injury case begins by identifying the party or parties responsible for your personal injury. You must then prove that their negligence or illegal misconduct directly caused your claimed damages, and you must be ready to show proof of the full extent of those damages.
The goal of your personal injury case is to recover the compensation you should have in order to be as whole as possible again after a defendant has injured you. This means claiming compensation for economic damages, including property losses, medical expenses, and lost income if you cannot work while you recover. You can also claim compensation for your pain and suffering.
Meeting the Oklahoma personal injury statute of limitations is crucial for your case, but it can take time to gather the evidence you should have in order to prove liability and show the full extent of your claimable damages. It’s important to hire a personal injury lawyer right away after your injury so they can start building your case. Fulmer Sill is ready to help you pursue your recovery, so contact our firm today and learn how we can assist you.
You can prove fault for a personal injury using various forms of evidence that a skilled attorney can obtain for you. You must identify the defendant who injured you, prove how they caused the injury, and then show the full scope of your resulting damages. The evidence you need depends on the nature of the incident.
If you share fault for your personal injury in Oklahoma, the state’s modified comparative negligence statute applies to your case, and you will have a fault percentage assigned to you. As long as you are less at fault than the defendant, you can still claim compensation, but your personal injury case award will be reduced by your fault percentage. If you are found more at fault than the defendant, you will be barred from claiming compensation.
The value of a personal injury case in Oklahoma depends on the severity of the injury. Once you establish fault, you can seek full repayment of any economic damages you suffered, such as medical expenses and lost income. You may also be eligible to claim compensation for projected future losses, like your lost earning capacity if you suffered a catastrophic injury, and you can also claim compensation for your pain and suffering.
The time it takes to resolve a personal injury case in Oklahoma depends on several factors. Many personal injury cases are resolved outside of court in pretrial settlement negotiations, but this will require both the plaintiff and the defendant to compromise on mutually acceptable terms. Litigation typically takes much longer. Your attorney can estimate the timeline you can expect for your personal injury case.
Calculating how much it costs to hire a personal injury lawyer in Oklahoma is difficult. When you choose Fulmer Sill to represent you, we take your case on contingency. This means we only charge a percentage of the total compensation we win for you when we win your case, but there is no fee at all if we are unable to obtain a recovery for you for any reason. This policy ensures that legal counsel is accessible when you need it most at no risk.
Fulmer Sill attorneys strive to empower injured people in their recovery efforts, and we are confident that we possess the skills and experience necessary to guide you to a positive outcome in your personal injury case. Meeting the Oklahoma personal injury statute of limitations is just one of the challenges you face. Contact us today and schedule your free consultation with our team to learn more about how we can help you recover.