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Oklahoma Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What is statute of limitations? A statute of limitation is a common law leOKl system that sets forth the maximum time period after certain events such as a wrongful death that leOKl proceedings may be initiated.

Do You Have a Oklahoma Statute of Limitations Lawsuit? »

Oklahoma statutes of limitations

  • For negligence – 2 years
  • For medical malpractice – Against health care providers = within 2 yrs. of date of injury. Minors (under 12) = action must be brought by parent or guardian. Minors (injured at 12 or older) = has 1 yr. after turning 18 to file suit but in no event may such minor file suit less than 2 yrs. after date of act.
  • For product negligence – 2 years after suffering injury
  • For wrongful death – 2 years of (D.O.D)
  • For survival – Survival claim in which recovery was sought for decedent's pain and suffering and which was based on assault and battery, was subject to the one-year statute of limitations for actions to recover for assault and battery. Survival claim, in which recovery was sought for decedent's pain and suffering and which was based on negligence, was subject to two-year statute of limitations for negligence actions

Oklahoma’s cap on damage awards

For Medical Malpractice

The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, provided however, that the Legislature may provide an amount of compensation under the Workers' Compensation Law for death resulting from injuries suffered in employment covered by such law, in which case the compensation so provided shall be exclusive, and the Legislature may enact statutory limits on the amount recoverable in civil actions or claims against the state or any of its political subdivisions.

Amount of noneconomic damages awarded shall not exceed the hard cap amount of Three Hundred Thousand Dollars ($300,000.00), regardless of the number of actions brought with respect to the personal injury

For Product Liability – See damages for medical malpractice

For Pharmaceutical Cases – See damages for medical malpractice

Oklahoma cap on attorney fees - Fee may not exceed 50% of net judgment

Oklahoma minor tolling - Except in cases of medical malpractice, a minor has one year after his or her 18th birthday to file suit

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Local Trial Lawyers
Oklahoma Trial Lawyers Association
323 N. E. 27th Street
Oklahoma City, OK 73105
405-525-8044
http://www.otla.org

State Police of Oklahoma
P.O. Box 11415
Oklahoma City, OK 73136
405-425-2424
http://www.dps.state.ok.us/ohp/

 

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