What Are The Statutes of Limitations in Oklahoma?

Covid-19 Tolling of Statutes of Limitations in Oklahoma

With the COVID-19 epidemic spreading across the U.S. and the rest of the world, many states have opted to toll their statutes of limitations. Oklahoma is one of the many such states to add a tolling provision. Following the executive order from Gov. Kevin Stitt, the Oklahoma Supreme Court released a series of guidelines for courts throughout the state to follow.

The initial extension date for any deadlines or procedures was 30 days from the filing date of SCAD No. 2020-24, which was on March 16, 2020. However, since the filing of SCAD No. 2020-36 on April 29, the statute of limitations for civil cases was extended through May 15, 2020 and the time period from March 16 to May 15 will be treated as a tolling period for any cases that were suspended at that time. Moving forward, May 16 was counted as the first day for determining how much time remained on any statute of limitations in Oklahoma.

What is the Statute of Limitations in Oklahoma per Lawsuit Type?

Should tragedy ever befall you or a loved one, you have the right to hold those at fault responsible for their actions. However, each type of lawsuit has its own deadline for when you can pursue legal action. This is known as a statute of limitations. Oklahoma, like all states, has its own statutes. For example, in Oklahoma you have 2 years to file a wrongful death lawsuit but in Florida the deadline to file for the same case would be 4 years.

Negligence / Personal Injury

2 Years Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud — the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; Okla. Stat. Ann. tit. 12, § 95

Toxic Tort

Wrongful Death

2 Years A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years. Okla. Stat. Ann. tit. 12, § 1053

Medical Malpractice

2 Years An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation. Okla. Stat. Ann. tit. 76, § 18

The statute of limitations period begins to run from the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of. Wing v. Lorton, 261 P.3d 1122, 1126 (Okla. 2011).

Products Liability

Discovery

The statute of limitations does not begin to run until the injured party knows or, in the exercise of due diligence, should have known of the injury. In re 1973 John Deere 4030 Tractor, 816 P.2d 1126, 1132 (Okla. 1991).

The statute of limitations begins to run when a reasonably prudent person associates his symptoms with a serious or permanent condition and at the same time perceives the role which defendant has played in inducing that condition. Daughtery v. Farmers Cooperative Association; 1983 Okla. Civ. App. LEXIS 158

Fraud

2 Years The situation is analogous to that where fraudulent concealment is set up as a bar to the running of the statute. In such a situation, this Court has stated: “For the purposes of the statute of limitations, if the means of knowledge exist and the circumstances are such as to put a reasonable man upon inquiry, it will be held that there was knowledge of what could have been readily ascertained by such inquiry and the limitation on the general rule often expressed in the statute is that plaintiff cannot successfully … [set up a bar to the running of the statute] if his failure to discover it is attributable to his own negligence.” Kansas City Life Ins. v. Nipper, 174 Okl. 634, 51 P.2d 741 (1935).

Municipal Liability/Sovereign Immunity

Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence.

Discovery Rule

Standard rule but see specific rule for medical malpractice.

Comparative Negligence

Applies.

Charitable Immunity

Waived.

Disabilities

For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for infant, within 1 year after majority (18th birthday) but never less than 2 years after injury.

Punitive Damages

Clear and convincing evidence that conduct of defendant was malicious and intentional. Amounts vary depending upon conduct of defendant. Caps: Depends on outcome of claim.

No-Fault Insurance

None

Consumer Fraud Complaint

Oklahoma Office of the Attorney General, Consumer Practices
http://www.oag.ok.gov/consumer-protection
(405)521-3921 (Oklahoma City)
(918)581-2885 (Tulsa)

Frequently Asked Questions About Statutes of Limitations in Oklahoma

What is the statute of limitations in Oklahoma for debt collection?

In Oklahoma, consumer debts based on a written contract have a statute of limitations of five years and those without a written contract have a statute of limitations of three years. This means if you have a written contract a lawsuit must be filed within five years of the last payment made or within three years of the last payment if there is no written contract.

How long does a DA in State of Oklahoma have to file charges?

This will depend upon the type of civil claim or criminal charge that the state is pursuing. In general however, the statute of limitations dictates the prosecution has three years to file charges following the date of the incident. For more specific information pertaining to your situation contact an attorney right away.

What is the Oklahoma Administrative Code?

The Oklahoma Administrative Code is a collection of all the rules and regulations set forth by the various departments and agencies with the Oklahoma state government.

How are wrongful death claims handled in Oklahoma?

If you believe that you have a strong case for a wrongful death claim the first thing you should do is speak with an attorney as soon as possible to help you file. The statute of limitations on a wrongful death claim is only two years so it is imperative that you act quickly. Should you win, the settlements are generally paid out by the insurance providers of the party at fault. However, insurance policies tend to have a limit amount and anything over that amount is up to the individual found liable to pay.

How is a wrongful death settlement split?

If the deceased had a spouse and no children then the spouse would receive the whole wrongful death settlement. If there is a spouse and one child the settlement would be split evenly between them, and for a spouse and two children each would be entitled to one third of it. However, a spouse (unless their actions contributed to the death) will never receive less than one third regardless of how many children are involved.

Statutes of Limitations

Oklahoma Statutes of Limitation