Many people fear the legal process and would rather not have a brush with the law. However, in some cases, especially in the event of an accident, the law may be your only saving grace. For people who have been involved in an accident that has resulted in an injury, knowing whether or not you have a personal injury case on hand can help you deal with your injury, your lost income, and the expenses associated with a personal injury.
What is personal injury Law?
Personal injury law is a body of civil law that allows victims of accidents to bring legal claims against the wrongful or negligent actions of another person or group of persons that has resulted in their injury.
The purpose of personal injury law is to ensure that the negligent person(s) are made to account and take responsibility for the accidents that have been caused by their negligent actions. By taking responsibility, the at-fault party is required to pay for the damages that have been caused.
Statute of Limitations for personal injury cases in Oklahoma
Under the Oklahoma law, a person who has suffered an injury due to the negligent actions or fault of another person may be entitled to file a personal injury claim against the responsible or at-fault party. The state laws allow for a period of two years, from the time of the accident, for the victim to take legal action against the at-fault party.
Why Is There a Statute of Limitations On Personal Injury Cases?
Statutes of limitations are imposed in personal injury cases for two primary reasons:
- Protect the integrity of the evidence gathered. This is because, over time, physical evidence begins to diminish in quality and may become lost or damaged. Also, memories and recollection of the events begin to fade and this may affect the credibility of the claims case.
- Protects the defendant from having to deal with the threat of a lawsuit indefinitely.
Exceptions to Statute of Limitations
While for most personal injury cases the statute of limitations remains two years, in some cases, exceptions may be made based on the facts of the case. In cases where a person died as a result of the negligent actions of another, say a car accident, the two-year statute of limitations begins to count on the day such a person died as opposed to the day of the accident that culminated in the death.
Another exception to the two-year law is when the injury has been caused by an employee of the state or any other person covered by the Oklahoma Governmental Tort Claims Act. For such cases as this, the victim is required to take legal action within one year of the accident or injury.
Also, the two-year limit may not apply to certain injuries that do not appear immediately after the incident occurred. For cases where the symptoms or injuries are delayed, the two-year limit may become effective as of when the symptoms are confirmed and diagnosed.
It is recommended that you speak to your Oklahoma personal injury lawyer at Cannon & Associates to better understand the statutes of limitation as it applies to your case.
Common damages that may be sought in personal injury cases
Damages in personal injury cases are essentially monetary compensations for financial, physical and emotional losses suffered. Depending on the facts of your case, you may be able to pursue damages in the following forms:
- Medical expenses such as medical bills resulting from the accident, cost of future medical bills, rehabilitation therapy costs, and costs of living with a disability.
- Loss of income
- Pain and suffering
- Loss of consortium – when you are unable to maintain a physical or emotional relationship with your spouse.
Contact – Cannon & Associates: Oklahoma Fierce Advocates for Personal Injury
In personal injury cases, no two cases are the same. Your Personal injury lawyer’s experience matters. Looking for the right personal injury and car accident law representation in Oklahoma? contact Cannon & Associates.
Cannon & Associates is dedicated to Fierce Advocacy for accident victims and will fight to protect your interests and uphold your rights.
Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 906-4051 for a free confidential case evaluation.