Whiplash injuries can be very painful and life-changing. These injuries often occur after car accidents or other sudden impacts that cause the neck to jerk quickly forward and backward. Many people suffer from whiplash after rear-end collisions, but it can happen in other situations too. If you have experienced a whiplash injury in Oklahoma, it is important to know that you have a limited time to file a claim to seek compensation. This time limit is called the statute of limitations, and it determines how long you have to take legal action. Understanding how the statute of limitations works for whiplash claims in Oklahoma can help protect your rights and ensure you get the justice you deserve. At, Murray Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is Whiplash?
Whiplash is a type of neck injury that happens when the head moves suddenly in one direction and then snaps back quickly. This motion puts stress on the neck muscles, ligaments, and bones, which can lead to pain, stiffness, and other symptoms. Whiplash injuries may seem mild at first, but they can become more severe over time. Many people with whiplash experience headaches, dizziness, difficulty concentrating, and even sleep problems. Some people recover from whiplash within a few weeks, but others may suffer from chronic pain that lasts for months or even years.
It is common for whiplash symptoms to take some time to appear. After an accident, you might not feel the pain right away because of adrenaline or shock. However, once the symptoms do start, they can significantly affect your daily life. That is why it is important to see a doctor as soon as possible after an accident, even if you don’t feel hurt right away. A medical professional can diagnose whiplash and help document your injury, which can be useful if you decide to file a legal claim.
Understanding the Statute of Limitations in Oklahoma
The statute of limitations is a legal rule that sets a deadline for filing a lawsuit. In Oklahoma, the statute of limitations for personal injury claims, including whiplash claims, is two years. This means that if you suffer a whiplash injury in an accident, you have two years from the date of the accident to file a lawsuit against the responsible party. If you try to file a claim after this two-year period, the court is likely to dismiss your case, and you may lose your chance to recover compensation for your injuries.
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It is important to keep in mind that the clock starts ticking on the day the accident occurs. This is true even if your symptoms don’t appear right away. Waiting too long to take action can make it much harder to prove that your whiplash was caused by the accident. That is why it is crucial to act promptly and seek legal advice as soon as possible after an injury.
Exceptions to the Statute of Limitations
While the general rule in Oklahoma is that you have two years to file a whiplash claim, there are some exceptions to this rule. These exceptions can extend or shorten the time limit for filing a claim depending on the circumstances of your case. One common exception occurs when the injured person is a minor. In Oklahoma, if a child is injured in an accident, the statute of limitations does not begin to run until the child turns 18. This means that the child has until their 20th birthday to file a claim.
Another exception may apply if the responsible party leaves the state after the accident but before the claim is filed. If this happens, the statute of limitations may be paused or “tolled” until the defendant returns to Oklahoma. Additionally, if the injured person was mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain their capacity.
It is important to understand that these exceptions are not automatic and must be proven in court. If you believe that an exception to the statute of limitations applies in your case, it is important to speak with an attorney who can help you navigate the legal process.
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
Why You Should Act Quickly
Filing a whiplash claim within the statute of limitations is essential if you want to recover compensation for your injuries. Waiting too long to file a claim can make it much more difficult to gather the evidence needed to prove your case. Witnesses may forget important details, and physical evidence, such as accident reports or medical records, may become harder to obtain. By acting quickly, you can increase your chances of building a strong case and securing the compensation you deserve.
Additionally, the sooner you take legal action, the sooner you can potentially receive compensation to help cover your medical bills, lost wages, and other expenses. Whiplash injuries can be expensive to treat, and they may require physical therapy, medication, or even surgery in some cases. Taking action within the statute of limitations can help ensure that you don’t have to bear the financial burden of your injury alone.
How to File a Whiplash Claim in Oklahoma
If you have suffered a whiplash injury in Oklahoma, filing a legal claim can help you seek compensation for your pain and suffering, medical expenses, and lost income. The first step in filing a claim is to gather evidence that shows how the accident occurred and how it caused your injury. This may include medical records, accident reports, and witness statements. It is also important to document the impact the injury has had on your life, such as the pain you have experienced, the treatments you have undergone, and the work you have missed.
Once you have gathered this evidence, the next step is to file a claim with the court. This involves preparing a legal complaint that outlines the details of the accident and your injuries. An attorney can help you draft this complaint and ensure that it is filed within the statute of limitations. The legal process can be complex, but with the help of a skilled attorney, you can navigate it more easily and increase your chances of a successful outcome.
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The Importance of Legal Representation
Navigating a whiplash claim can be challenging, especially if you are dealing with pain and other symptoms. That is why having legal representation is so important. An attorney can help you understand your rights, gather the evidence needed to support your claim, and negotiate with insurance companies on your behalf. Insurance companies often try to minimize the amount they pay out in personal injury claims, and without legal representation, you may not receive the full compensation you are entitled to.
An attorney can also help you determine the value of your claim by considering factors such as the severity of your injury, the cost of your medical treatment, and the impact the injury has had on your ability to work and enjoy your life. By working with an attorney, you can ensure that your claim is taken seriously and that you receive the compensation you need to move forward after your injury.
What Happens If You Miss the Deadline?
If you miss the statute of limitations for filing a whiplash claim in Oklahoma, it is likely that your case will be dismissed by the court. This means that you will lose your chance to seek compensation for your injuries, even if the accident was clearly someone else’s fault. There are very few exceptions to this rule, so it is crucial to act within the time limit. Missing the deadline can leave you responsible for covering your own medical bills and other expenses related to the injury.
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If you believe you may be close to the deadline for filing a claim, it is important to contact an attorney as soon as possible. They can help you determine whether any exceptions apply in your case and guide you through the process of filing a claim.
If you or a loved one has suffered a whiplash injury in Oklahoma, don’t wait to take legal action. The statute of limitations gives you a limited amount of time to file a claim, and missing the deadline could mean losing your right to compensation. At Murray Law Firm, we understand the challenges that come with recovering from a serious injury, and we are here to help you every step of the way. Our team is dedicated to fighting for the rights of injury victims and ensuring that they receive the compensation they deserve. Call us today to discuss your case and learn more about how we can assist you in filing a whiplash claim.