First, go see a doctor as soon as possible after an accident. Even if you feel fine, you could have a serious injury that rears its ugly head later, so get medical records of your immediate post-accident condition. You should also whip out that smartphone (if you’re able) and take photos and videos of the scene. Finally, do not admit fault. There are a lot of factors that contribute to accidents and you don’t want a statement you made in good faith to come back to bite you.

We’ll tell you. You provide us with all the details and documents relating to the injury or fatality, and we determine if filing a lawsuit is the right step.

The State of Oklahoma has a two-year time limit for filing a personal injury lawsuit. The clock starts ticking on the date of your accident or injury.

Hang up. Or tell them to call your attorney. Bottom line—zip your lips unless you’re talking to your own attorney or insurance company.

Nothing upfront. Almost all personal injury lawyers, including us, work on “contingency.” That means we cover all fees and don’t get paid unless we win your lawsuit. We take a percentage of any award or settlement you receive.

The award or settlement amount can vary widely. It will depend on the circumstances surrounding the accident, the type of injury or fatality, degrees of fault, and even personal health history.

Most personal injury lawsuits never go to trial. They are usually settled out of court because it is easier and more affordable for insurers to make you a fair offer, earlier in the process. That being said, if you have a complex case and are asking for a lot of damages, a trial could happen.

The length of time to file and settle a suit varies widely, depending on the details of your case, extent of your injuries, and amount of money at stake. As a general rule of thumb, plan on months for a simple case, and a year or more for a complicated case.

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If you or a loved one has been injured, you might not think about filing a lawsuit right away. While it’s important to focus on recovery, it’s also important to learn about Oklahoma’s personal injury statute of limitations and how it affects your case.

What Is Oklahoma’s Personal Injury Statute of Limitations?

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A statute of limitations is a legal time limit that determines how long you have to file a lawsuit after an event occurs. Almost every type of legal case has a statute of limitations, including personal injury and wrongful death claims. Once the time limit expires, you generally lose the ability to take legal action, no matter how strong your case might be. 

In the United States, each state sets its own statutes of limitations, which vary depending on the type of case. Other countries, such as Canada and the United Kingdom, also have similar laws, though the time limits may differ. In some cases, the length of time you have to file may be shorter or longer, depending on the nature of the claim.

What Is a Statute of Limitations?

Statutes of limitations exist for several important reasons. First, they encourage people to file lawsuits promptly, while evidence is still fresh and witnesses’ memories are clear. Over time, evidence can get lost or damaged, and it becomes harder for both sides to present a fair case. For example, physical evidence might disappear, or documents may become hard to locate. 

Second, statutes of limitations bring stability and predictability to the legal system. Without a deadline, people could file lawsuits many years after an event, leading to unfair legal battles. Deadlines reassure potential defendants that they’re “in the clear” and won’t face a surprise lawsuit years or even decades later.

Why Do We Have Statutes of Limitations?

In Oklahoma, the statute of limitations for personal injury cases is generally two years. This means you have exactly two years from the date of your injury to file a lawsuit. For instance, if you were injured in a car accident on January 12, 2023, you have until January 12, 2025 to bring a claim against the responsible party. Once the two-year period passes, you lose your right to seek compensation through the court system.

If you’re planning to bring a case against a government entity, such as a city, county, or the state of Oklahoma, the rules are stricter. When suing a government entity, you must file a formal claim within one year of the injury. For example, if you slipped and fell on government property on June 15, 2023, you would need to file your claim by June 15, 2024. If you fail to meet this one-year deadline, your claim against the government may be dismissed. These deadlines are firm, so it’s important to act quickly to preserve your legal rights.

How Long Is the Personal Injury Statute of Limitations in Oklahoma?

Although statutes of limitations set strict deadlines, there are several exceptions that can extend or delay the filing period in specific cases. These exceptions exist to ensure fairness in situations where the injured person couldn’t reasonably file a claim within the normal time frame. 

One common exception is the “discovery rule,” which applies when the injury or damage isn’t immediately obvious. For example, if someone is exposed to toxic chemicals but doesn’t develop symptoms until years later, or if medical malpractice like a misdiagnosis isn’t noticed until years later, the statute of limitations might not begin until they realize they were harmed.

Another exception can apply if the person who caused the injury leaves the state or hides to avoid being sued. In such cases, the statute of limitations may be paused until the person returns or is found. 

Minors also have more time to file. In Oklahoma, if a person is under the age of 18 when they’re injured, the statute of limitations doesn’t start until they turn 18. This gives minors the opportunity to file a personal injury claim even after several years have passed.

What Are the Exceptions Oklahoma’s Personal Injury Statute of Limitations?

If Oklahoma’s personal injury statute of limitations has passed, you will most likely lose the right to file a lawsuit. In most cases, the court will refuse to hear your claim, even if you have a strong case and deserve compensation. Missing the deadline means you can no longer hold the responsible party legally accountable for your injuries, medical bills, lost wages, or pain and suffering. 

Keep in mind that the court doesn’t offer much flexibility once the statute of limitations expires. There are very few exceptions, and unless one applies to your case, you won’t be able to take legal action. This is why it’s so important to know your deadline and file your claim as soon as possible.

What Happens After the Statute of Limitations Ends?`

 If you’re seriously injured in Oklahoma, hospitals cannot turn you away. However, they can place a lien on any settlement you win in a personal injury case. You can also use medical liens to negotiate ongoing care you need. Learn more about how it works.

What Are Medical Liens In Personal Injury Cases?

A medical lien is a legal claim that allows a healthcare provider to get paid directly from your personal injury settlement. This usually happens when you need treatment after an accident, but you don’t have insurance. The provider agrees to treat you, knowing they will be paid from your future settlement if you win the case.

For example, if you’re injured in a car accident and need surgery, but don’t have health insurance, the hospital might agree to treat you and place a lien on your personal injury claim. That way, they know they will get paid once your case is settled.

If you don’t have insurance and weren’t injured due to someone else’s negligence, you will be responsible for paying your medical bills out of pocket. If you can’t pay, the provider may take legal action to collect, which could include getting a judgment against you or even garnishing your wages until the debt is paid.

What Are Medical Liens in Personal Injury Cases?

Provider Liens
Hospitals and doctors might agree to defer payments for your treatment while you work on resolving your personal injury case. In these situations, they usually require you to sign a letter of protection (LOP). An LOP is an agreement stating that the provider will get paid from your future settlement. Even without an LOP, providers can still file a lien against your settlement to recover their costs for treating you. This guarantees they get paid once your case is resolved.

Insurance Liens
If you used your health insurance to cover the cost of your medical treatment, your insurance company may place a lien on your settlement. This process, known as subrogation, allows the insurance company to get reimbursed for what they spent on your treatment. Essentially, if you receive a settlement for your injuries, your insurance wants to be repaid for the amount they covered on your behalf.

Medicaid and Medicare Liens in Personal Injury Cases
Medicare and Medicaid liens in personal injury cases are also common. These programs can place liens on your personal injury settlement if they paid for part of your treatment, and you’re required by federal law to reimburse them if you receive compensation. In Oklahoma, your attorney may be able to negotiate to reduce the lien amount. This negotiation should happen before settling your claim, so you can keep as much of your compensation as possible.

Workers’ Compensation Liens
If your medical bills were covered by workers’ compensation because you were injured on the job, workers’ comp may also place a lien on your settlement. Workers’ compensation is a form of insurance. Like medical providers and other insurance companies, they will want to recover their costs if you receive additional compensation for the injury from a third party.


What Are the Different Types of Medical Liens?

Medical liens in personal injury cases can work in several ways, depending on if you negotiate the lien ahead of time or if it’s filed after the company learns you have a claim or settlement. Liens from insurance companies, including Medicare, Medicaid, and workers’ compensation, are often automatically filed by the organization when they learn about your case. Hospitals, doctors, and other medical providers can also file liens if they have unpaid bills related to your injury. 

You can also use medical liens to make sure you get the ongoing treatment you need. For example, if you need multiple surgeries or long-term physical therapy to get the best health outcome, you can negotiate a medical lien with some providers. To do this, simply ask if they’ll provide treatment on a lien basis. If they agree, you’ll sign an LOP, and the provider will file a lien on your personal injury claim. When your case settles, all organizations with liens will be paid first, plus your attorney, and then you’ll get the rest of the money.

It’s also important to know what happens if you don’t win your case. If you lose, you are still responsible for paying your medical bills out of pocket. This is why it’s crucial to have a strong case before agreeing to a lien.

How Do Medical Liens Work?

In an emergency situation, hospitals and doctors are required to treat you. You do not need to sign a letter of protection (LOP) to receive this emergency treatment. However, if you don’t have insurance, you may either have to pay out of pocket or your provider may decide to file a medical lien against your personal injury case.

If you need ongoing treatment after the emergency, medical liens in personal injury cases can be helpful. They allow you to continue getting treatment without paying upfront, which can make a big difference if you need ongoing care. 

Before agreeing to a medical lien or an LOP, it’s important to talk to an attorney to make sure you have a strong case. Medical providers are also more likely to agree to a lien if you’ve already filed a personal injury case, as this shows that there may be a settlement to cover their costs. Remember, if your case isn’t strong, you might end up having to pay out of pocket, which could be a major financial burden.

Should You Get Treatment on a Lien Basis?

When you’ve been injured, financial stressors can pile up. You’re probably wondering, how long do personal injury cases take—and can I wait that long? Learn how long your case might take and why you shouldn’t settle for less than you deserve.

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What Is Oklahoma’s Personal Injury Statute of Limitations?

What Are Medical Liens In Personal Injury Cases?

How Long Do Personal Injury Cases Take?

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