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How long can you wait to file a PI claim?

On Behalf of | Oct 13, 2023 | Personal Injury

The period after suffering from a severe injury is stressful. Your time is filled with doctor’s appointments and medical treatments.

But it’s important to remember that a clock is ticking, and failure to file a personal injury claim in a timely manner means you could miss out on financial compensation.

What’s the purpose of a statute of limitations?

Having a statute of limitations helps to ensure fairness and efficiency in the courts. Oklahoma’s statute of limitations for a personal injury claim is two years from when the injury occurred. If you try to file a lawsuit after two years, the court will likely refuse to hear the case.

However, there can be exceptions to this law. In certain situations, an injury may take a long time to appear, for example, lung disease from asbestos exposure. In that care, the individual has two years from the time the injury would have been reasonably discovered.

There are several reasons why there is a two-year limit to filing a personal injury lawsuit, including:

  1. The preservation of evidence that may be lost, destroyed or degraded. Witnesses also tend to forget details the more time that goes by. Filing a lawsuit promptly helps to ensure the presence of evidence and fresh memories.
  2. It prevents defendants from having an indefinite period of liability hanging over them.
  3. It helps to prevent fraudulent claims.
  4. It forces the plaintiff and defendant to seek a legal outcome in a timely manner.

If you have been injured due to someone else’s actions, filing a personal injury lawsuit as soon as possible is imperative. This increases the likelihood of a positive outcome and may help ensure you receive the financial compensation you need during your recovery.



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