Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

OKLAHOMA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery rule.

Medical Malpractice

2 years with Discovery Rule. In the case of a minor under 12, the parent or guardian must bring suit on behalf of the minor within seven years after the malpractice. If the minor was injured at age 12 or older, he or she has one year after turning 18 to file suit. In no event may such a minor file suit less than two years after the date of the act giving rise to the injury occurred.

Caps:
$300,000 limit on non-economic damages in all malpractice cases; limit also specific to obsteric and emergency room care. No limits for negligence and wrongful death.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

year

Fraud

years, time running from discovery.

Municipal Liability/Sovereign Immunity

Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence. Waived, however, specific rules apply as to amounts recoverable. Maximum liability for property damage is $25,000 per claimant; for other claims limits are $100,000 per claimant, $200,000 for claims arising from medical negligence. $1,000,000 per occurrence. State or political subdivision is not required to pay or indemnify any employee for any punitive or exemplary damages rendered against employee, or to pay for any defense, judgment, settlements, costs, or fees paid or covered by insurance. Governmental entity: Maximum liability for property damage is $25,000 per claimant; for other claims limit is $50,000 per claimant. State and its political subdivisions are liable up to $175,000 for wrongful criminal felony conviction.

Discovery Rule

Standard rule but see specific rule for medical malpractice.

Comparative Negligence

Adopted. For causes of action occuring after November 1st 2004, joint and several liability among torfeasors does not apply if plaintiff is not adjudged comparatively negligent. Lieability is several except for cases in which defendant's responsibility is determined to be greater than 50% or in which any joint tortfeasor acted with reckless disregard for consequences.

Charitable Immunity

Waived. Limited Immunity for volunteers who perform duties for charitable or non for profit organizations.

Disabilities

Person under disability when cause of action accrues may bring action within following times after disability removed: Action to recover real property, two years; other actions, one year. Action for medical malpractice injury to incompetent or minor under 12 years old must be brought within seven years of infliction of injury. If incompetent adjudged competent, then action must be brought within one year of adjudication of competency, but in no event less than two years after injury. For minors 12 years old and older, action must be brought within one year after attaining majority but in no event less than two years after injury.

Punitive Damages

Clear and convincing evidence that conduct of defendant was malicious and intentional. 

Caps:
Amounts vary depending upon conduct of defendant. Awards fall into three categories based on jury decision: (1) $100,000 if jury finds by clear and convincing evidence that defendant’s conduct evinced reckless disregard for rights of another.  (2) Conduct of defendant was malicious and intentional, punitive damages are limited to greater of: (a) Twice amount of actual damages awarded (b) $500,000 or (c) economic benefit derived by defendant under conduct. (3) Court finds evidence beyond reasonable doubt that defendant acted intentionally and with malice and engaged in conduct life-threatening to humans.

No-Fault Insurance

None

Other Relevant Information

years for childhood sexual abuse.

Consumer Fraud Complaint

Oklahoma Office of the Attorney General, Consumer Practices
http://www.oag.state.ok.us/oagweb.nsf/Consumer!OpenPage
(405)521-3921 (Oklahoma City)
(918)581-2885 (Tulsa)