Pedestrian accidents can happen suddenly, and the aftermath is often overwhelming for victims. When someone is struck by a vehicle, they may face severe injuries, financial challenges, and emotional distress. However, there is a time limit to when you can take legal action in Oklahoma after such an incident. This time limit is called the statute of limitations, and it is crucial to understand how it works if you want to file a claim. Knowing this deadline will help ensure that your rights are protected and that you have a chance to seek the compensation you may deserve. At Murray Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding the Statute of Limitations in Oklahoma
In Oklahoma, the statute of limitations refers to the amount of time you have to file a lawsuit after an accident occurs. This law is in place to encourage timely legal actions while evidence is still fresh, and witnesses’ memories are clear. If you miss this important deadline, you will likely lose your ability to pursue a claim for damages, which can include medical bills, lost wages, and pain and suffering.
For pedestrian accidents, the general statute of limitations in Oklahoma is two years from the date of the accident. This means that you have two years from the day you were hit by a vehicle to file a personal injury lawsuit. After this two-year period passes, the court will almost always dismiss your case, and you will no longer have the legal right to seek compensation.
Why Timing Is Critical After a Pedestrian Accident
After a pedestrian accident, many victims need time to recover from their injuries, which can lead to delays in thinking about legal matters. However, it is important to start the process as soon as possible to avoid missing the deadline to file a claim. The sooner you act, the more time your attorney will have to investigate the accident, collect evidence, and build a strong case.
Waiting too long can lead to complications. Evidence, such as surveillance footage or accident reports, may be harder to obtain, and witnesses may forget important details. In some cases, it may take time to gather medical records or other documents needed to prove the severity of your injuries. Starting early gives your lawyer a better chance to gather all the necessary information and build the strongest case possible for you.
Attorney with Over 40 Years Experience
James V. Murray
Exceptions to the Statute of Limitations
Although the statute of limitations for pedestrian accidents in Oklahoma is generally two years, there are some exceptions that may apply. These exceptions can either extend or shorten the time you have to file a claim, depending on the circumstances of your case.
For example, if the pedestrian accident involved a government vehicle or if the responsible party is a government entity, the time limit for filing a claim may be much shorter. In Oklahoma, you are required to file a claim against a government entity within one year of the accident. Additionally, before filing a lawsuit, you must file a notice of your claim with the government agency involved, which can further limit your time.
On the other hand, there are also situations where the statute of limitations may be extended. One such exception applies to minors. If the victim of a pedestrian accident is under the age of 18, the statute of limitations does not start running until their 18th birthday. This means that a minor has until they turn 20 to file a lawsuit.
Another possible exception involves cases where the injured person is mentally incapacitated due to the accident. In such cases, the statute of limitations may be paused until the individual is considered capable of handling their legal affairs.
These exceptions are important to know because they can greatly affect your case. An attorney can help you understand how the statute of limitations applies to your unique situation and ensure that you file your claim within the required timeframe.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.” - Roger Buchanan The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!" - Tiara Rich Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended." - Alicia Mayfield
Consequences of Missing the Filing Deadline
Failing to file a pedestrian accident claim within the statute of limitations has serious consequences. Once the deadline has passed, you will almost always lose your right to seek compensation for your injuries and other damages. The court is unlikely to hear your case, and the other party will not be held accountable for the harm they caused.
In Oklahoma, the court strictly enforces the statute of limitations. Even if you have a strong case, missing the deadline means that your case will be dismissed, and you will be left without legal recourse. This is why it is so important to understand and follow the statute of limitations.
In addition to losing the opportunity to file a lawsuit, missing the deadline can also make it more difficult to negotiate a settlement with the other party’s insurance company. If the insurance company knows that the statute of limitations has expired, they have no reason to offer a fair settlement because they know you cannot take legal action.
How an Attorney Can Help with Your Pedestrian Accident Claim
Filing a pedestrian accident claim can be a complex process, especially when dealing with serious injuries, medical bills, and lost income. An attorney can guide you through the legal system and help you understand the steps you need to take to protect your rights. One of the most important things an attorney can do is ensure that you file your claim before the statute of limitations runs out.
In addition to keeping track of important deadlines, an attorney can also help gather the evidence needed to prove your case. This may include obtaining medical records, police reports, and witness statements. Your attorney can also negotiate with insurance companies on your behalf, working to get you a fair settlement that covers your medical expenses, lost wages, and other damages.
If a fair settlement cannot be reached, your attorney can represent you in court, presenting your case to a judge and jury. Having a lawyer by your side ensures that you have someone on your team who understands the legal process and is focused on getting the best possible outcome for you.
Personal Injury Representation Car Accident RepresentationRelated Videos
Steps to Take After a Pedestrian Accident in Oklahoma
If you have been involved in a pedestrian accident in Oklahoma, it is important to take certain steps to protect your legal rights and ensure that you can file a claim within the statute of limitations.
First, seek medical attention immediately, even if you think your injuries are minor. Some injuries may not be immediately apparent but could become more serious over time. Having a record of your medical treatment is also important evidence in your case.
Next, report the accident to the police and obtain a copy of the accident report. This report will provide key details about the accident and can be used as evidence when filing your claim.
You should also gather as much information as possible about the accident, including the names and contact information of witnesses, photos of the accident scene, and any other relevant details. Keeping records of your medical bills, lost wages, and other expenses related to the accident is also essential.
Contact an attorney as soon as possible. Your attorney can help you understand the statute of limitations and make sure that your claim is filed on time. They will also guide you through the legal process and work to get you the compensation you deserve.
If you or a loved one has been involved in a pedestrian accident in Oklahoma, time is of the essence. The statute of limitations for filing a claim is only two years, and it is crucial to act quickly to protect your rights. At Murray Law Firm, we understand the challenges that pedestrian accident victims face and are here to help you navigate the legal process. Our dedicated legal team will work tirelessly to get you the compensation you deserve for your injuries, medical bills, and other losses. Contact us today for a free consultation to discuss your case and learn how we can assist you.