Deadlines to File an Injury Lawsuit in Oklahoma
How long you have to sue in Oklahoma for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. 12 Okla. Stat. § 95(A)(3), (A)(4)
| Deadline to sue for an injury | Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline. |
|---|---|
| Deadline to sue for property damage | Two years for taking, detaining or injuring personal property (such as a car) and for trespass on real property. Source: 12 Okla. Stat. § 95(A)(3) |
| Medical malpractice deadline | Two years from the date the patient knew or should have known, through reasonable diligence, of the death, injury or condition complained of. Being a minor or legally incompetent when the claim arises extends the period. The statute reviewed does not set a separate outer limit (statute of repose). Source: 76 Okla. Stat. § 18 |
| Wrongful death deadline | Two years. Source: 12 Okla. Stat. § 1053(A) |
| Suing the government | Under the Governmental Tort Claims Act, written notice of the claim must be presented within one year after the loss (to the Risk Management Administrator for claims against the state, or to the clerk of the governing body for a city, county or other political subdivision), or the claim is forever barred. For wrongful death, the personal representative may give notice within one year after the death. A lawsuit may be filed only after the claim is denied (it is deemed denied if not approved within 90 days), and must be filed within 180 days after denial. Damages are capped per claimant and per occurrence; the dollar limits were changed in 2025. Source: 51 Okla. Stat. §§ 154, 156, 157 |
More Oklahoma personal injury & wrongful death
- Wrongful Death Lawsuits in Oklahoma
- Medical Malpractice Rules in Oklahoma
- Car Accident Claims in Oklahoma
- Dog Bite Liability in Oklahoma
- Slip, Trip and Fall Injuries in Oklahoma
- Sidewalk and Public Property Falls in Oklahoma
- Motorcycle Accident Claims in Oklahoma
- Pedestrian Accident Claims in Oklahoma
- Bicycle Accident Claims in Oklahoma
- Uber and Lyft Accident Claims in Oklahoma
- Construction Site Injuries in Oklahoma
- All Oklahoma personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Oklahoma?
Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline.
How long do you have to sue for property damage in Oklahoma?
Two years for taking, detaining or injuring personal property (such as a car) and for trespass on real property.
What is the statute of limitations for medical malpractice in Oklahoma?
Two years from the date the patient knew or should have known, through reasonable diligence, of the death, injury or condition complained of. Being a minor or legally incompetent when the claim arises extends the period. The statute reviewed does not set a separate outer limit (statute of repose).
How long do you have to file a wrongful death lawsuit in Oklahoma?
Two years.
How do you file an injury claim against the government in Oklahoma?
Under the Governmental Tort Claims Act, written notice of the claim must be presented within one year after the loss (to the Risk Management Administrator for claims against the state, or to the clerk of the governing body for a city, county or other political subdivision), or the claim is forever barred. For wrongful death, the personal representative may give notice within one year after the death. A lawsuit may be filed only after the claim is denied (it is deemed denied if not approved within 90 days), and must be filed within 180 days after denial. Damages are capped per claimant and per occurrence; the dollar limits were changed in 2025.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.