Oklahoma Statutes of Limitations: How Long You Have to Sue

You were hurt in an accident three years ago. You've been dealing with medical treatment, insurance hassles, and the daily challenges of recovery. Now you're finally ready to talk to a lawyer about suing the person responsible. The lawyer has bad news: you waited too long. Your claim is gone.

Statutes of limitations are strict deadlines for filing lawsuits. Every claim has one. If you don't file within the time limit, the court will dismiss your case—period. Understanding these deadlines is one of the most important things you can know about protecting your legal rights.

Personal Injury Claims: Two Years

For most personal injury claims in Oklahoma, you have two years from the date of the injury to file a lawsuit. This applies to:

• Car accidents
• Truck accidents
• Slip and fall injuries
• Other accidents caused by someone else's negligence
• Assault and battery
• Wrongful death (two years from the date of death)

Two years sounds like a long time, but it goes faster than you think—especially when you're dealing with injuries, medical treatment, and insurance companies. Don't assume you can wait until the last minute.

Medical Malpractice: Two Years (With Nuances)

Medical malpractice claims also have a two-year statute of limitations, but the clock starts differently. It runs from when you knew or reasonably should have known about the injury and its cause.

If a surgeon leaves a sponge inside you, and you don't discover it until a year later, the two years typically starts when you discover the problem—not when the surgery happened.

But there's an outer limit: you generally can't sue more than two years after the act of malpractice, regardless of when you discovered it. There are limited exceptions for cases involving fraud or concealment.

Contract Claims: Five Years (Written) or Three Years (Oral)

If someone breaches a written contract, you have five years to sue. For oral contracts, it's three years.

Business disputes, unpaid debts, breach of warranty, and similar contract claims fall under these limits.

Property Damage: Two Years

If someone damages your property—your car, your home, your belongings—the limit is two years from when the damage occurred.

Fraud: Two Years From Discovery

Fraud claims must be filed within two years of discovering the fraud (or when you reasonably should have discovered it). The clock doesn't start running while the fraud is concealed.

Claims Against the Government: Shorter Deadlines

If your claim is against a state or local government entity or employee, different rules apply. Oklahoma's Governmental Tort Claims Act requires you to file a written notice of claim within one year of the injury. If the claim is denied, you then have 180 days to file a lawsuit.

These deadlines are much shorter than typical limitations periods, and failure to follow the notice requirement can kill your claim even if you file a lawsuit on time.

Federal claims against the government have their own procedures and deadlines.

Employment Claims: Varies

Employment claims have different deadlines depending on the type of claim:

• EEOC complaints (discrimination, harassment): 180 or 300 days from the discriminatory act, depending on circumstances
• Workers' comp retaliation: Two years
• Wage claims under FLSA: Two years (three years if willful violation)
• State law wrongful termination: Usually two years

When the Clock Starts

Usually, the statute of limitations starts on the date of the injury or breach. But some exceptions can pause or delay the clock:

The discovery rule applies to some claims where the injury wasn't immediately apparent. The clock starts when you discovered (or should have discovered) the injury.

Minority (being under 18) can pause the clock until you reach adulthood.

Mental incompetence can sometimes toll the statute.

Fraudulent concealment by the defendant can extend the deadline in some cases.

These exceptions are narrow and fact-specific. Don't assume you qualify—check with a lawyer.

Why These Deadlines Exist

Statutes of limitations serve important purposes. Evidence deteriorates over time. Witnesses forget or move away. Documents get lost. People deserve to eventually be free from the threat of ancient lawsuits.

But from your perspective as someone who's been wronged, the practical message is simple: don't wait. The sooner you pursue your claim, the better your evidence will be and the safer your deadline will be.

What to Do

Don't assume you have time. Even if you think you know the deadline, get legal advice to confirm. Some deadlines are shorter than people expect, and the consequences of getting it wrong are severe.

Gather your documents. Police reports, medical records, contracts, correspondence—collect everything related to your claim and keep it safe.

Talk to a lawyer early. Many lawyers offer free consultations for injury and employment claims. Getting advice early costs nothing and could save your case.

If you're close to a deadline, act immediately. If your statute of limitations is about to run, a lawyer may need to file your case quickly to preserve your rights.

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Statutes of limitations exist whether you know about them or not. They run whether you're ready or not. Protecting your legal rights means understanding these deadlines and acting before time runs out.

At Addison Law, we handle personal injury, employment, and civil rights claims throughout Oklahoma. If you have a potential claim and aren't sure about the deadline, contact us for a consultation.

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This article is for general information only and is not legal advice.