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.

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

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/

 

Please fill out the form below to see if you have a wrongful death case.

* Required Fields. * Click on the Disclaimer, below, for Terms PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
City:
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Zipcode:
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INCIDENT INFORMATION
Date of Accident:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Date of Death:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Name of Deceased:
Location of Accident:	-Please Select- Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming
Please describe what happened (cause of accident):
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