The statute of limitations for civil cases is the timeframe within which you must file a lawsuit. In Oklahoma, as in other states, the statute of limitations varies based on the type of civil case. Filing a claim after the statute of limitations has expired typically results in dismissal, as courts generally won’t hear cases brought outside the allowed time period. While this is not an exhaustive list, these are some of the most common civil cases.
Personal Injury Cases
For personal injury cases, including car accidents, slips and falls, and other incidents causing physical harm, Oklahoma law enforces a two-year statute of limitations. This means you have two years from the date of the injury to file a lawsuit. The statute may be extended if the injury wasn’t immediately discoverable or if the injured party was a minor or legally incapacitated at the time of the incident.
Property Damage
If you’re filing a claim for property damage, such as damage to real estate or personal property, Oklahoma also imposes a two-year statute of limitations. This includes cases like vandalism, trespass, and damage to property in accidents. As with personal injury, discovery exceptions may apply if the property damage wasn’t initially evident.
Breach of Contract
For breach of contract cases in business law cases, the statute of limitations depends on the manner of the contract
- Written Contracts: You have five years from the date of the breach to file a lawsuit if the contract was written.
- Oral Contracts: For oral contracts, the statute of limitations is three years from the date of the breach.
Exceptions apply in cases of fraud or where a tolling agreement is in place.
Fraud
Oklahoma’s statute of limitations for fraud cases is two years from the date the fraud was discovered or reasonably should have been discovered. Courts recognize that fraud is often concealable, and may exercise flexibility in certain cases. However, plaintiffs must prove that the fraud only became apparent later. This flexibility aims to ensure that victims of concealed fraud have a fair opportunity to seek justice.
Wrongful Death
You must file wrongful death or other personal injury cases in Oklahoma within two years of the date of death. This statute of limitations applies to cases where the wrongful act, neglect, or default of another caused the death. Limited exceptions apply, but in some cases, family members may seek damages beyond the statute if the responsible party concealed facts.
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Rogers County Civil Law Attorneys
In Oklahoma, the statute of limitations for civil cases varies depending on the nature of the case. Filing within the designated timeframe is crucial to ensure the court hears your case. Understanding the specific limitations for each type of civil claim is essential to protect your legal rights. If you’re uncertain about your claim’s statute of limitations, consult a qualified attorney to avoid missing critical filing deadlines.
Our team here at Kania Law Office – Claremore Attorneys has years of experiences with civil cases. If you need help, contact us today by calling (918) 379-4872 or reach us online for a consultation.
