At the law firm of Frasier, Frasier & Hickman, LLP, our mission is to fight for the rights of people like you

If you or a loved one is agonizing over how to pay your medical costs and cover lost wages, please contact our law firm today. We stand by clients from all walks of life to provide dedicated and experienced legal representation focused on achieving the best possible results.

Our personal injury lawyers possess a deep understanding of personal injury law, and we are ready to learn about your case. Reach our office in Tulsa at 918-212-5081. You can also contact our firm through our online form.

Frequently Asked Question

1. How long do I have to file a personal injury lawsuit in Oklahoma?

In most personal injury cases, Oklahoma law gives you two years from the date of the injury to file a lawsuit under Oklahoma Statute §12-95. This applies to typical cases like car accidents, slip-and-fall incidents, and other negligence-related injuries. There are important exceptions: claims involving intentional acts such as assault or battery generally have a one-year deadline, and claims against a government entity must be filed under the Oklahoma Governmental Tort Claims Act within just one year of the incident. The deadline can also be paused in limited situations, such as when the injured person is a minor or when the at-fault party leaves the state to avoid being served. Missing the deadline usually means losing the right to recover compensation entirely, no matter how serious the injury. 

2. What if I was partially at fault for the accident—can I still recover compensation?

Yes, as long as your share of fault is not too high. Oklahoma follows a modified comparative negligence rule under Title 23, Section 13 of the Oklahoma Statutes. You can still recover compensation if you are less than 51% at fault, but your award will be reduced by your share of responsibility. For example, if your total damages are $100,000 and you are found 20% at fault, you would recover $80,000. If you are found more than 50% responsible for the accident, however, Oklahoma law bars you from recovering anything at all. Because every percentage point of fault directly affects the amount you can recover, the way fault is investigated and documented matters significantly.

3. What types of damages can I recover in a personal injury claim?

Compensation in an Oklahoma personal injury case is generally divided into two categories. Economic damages cover measurable financial losses such as medical bills, future medical care, lost wages, lost earning capacity, and property damage. Non-economic damages cover losses that don’t have a clear price tag, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In rare cases involving particularly reckless or intentional misconduct, punitive damages may also be available, though these require a higher standard of proof and are intended to punish the wrongdoer rather than compensate the victim. The strength of your recovery often depends on thorough documentation of both your financial losses and the impact the injury has had on your daily life.

4. How long does a personal injury case typically take to resolve?

There is no single timeline because every case is different. Straightforward claims with clear liability and minor injuries can sometimes settle within a few months of finishing medical treatment. More complex cases—those involving disputed fault, severe injuries, multiple parties, or insurance companies that refuse to negotiate fairly—often take a year or longer, and cases that go to trial can take even longer than that. One factor that affects timing is reaching what doctors call “maximum medical improvement,” the point where your condition has stabilized enough to know the full extent of your injuries and future medical needs. Settling before that point can leave you undercompensated if complications appear later. Filing a lawsuit does not necessarily mean the case will go to trial; most personal injury cases settle before reaching a courtroom.

5. Should I accept the insurance company’s first settlement offer?

In most cases, the first offer is not the full value of the claim. Insurance companies are businesses, and adjusters are trained to resolve claims as quickly and inexpensively as possible—often before the injured person fully understands the long-term cost of their injuries. Early offers may not account for future medical treatment, ongoing physical therapy, lost earning capacity, or non-economic losses like pain and suffering. Once a settlement is signed, it generally cannot be reopened, even if your condition turns out to be worse than expected or new symptoms appear. Before accepting any offer, it is wise to have a clear picture of your total damages and to understand what the insurer would likely be required to pay if the case went to court.