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Oklahoma Statute of Limitations

Oklahoma

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A wrongful death action must be filed within two years of the date of death. This statute of limitations is tolled in favor of minors.

Personal Injury Actions

Personal injury actions must be brought within two years of the date of the injury.

Medical Malpractice Actions

Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of a minor under 12, the minor’s parent or guardian must bring suit on behalf of the minor within seven years after the act giving rise to the injury occurred. If the minor was injured at age 12 or older, he or she has one year after turning 18 to file suit, but in no event may such a minor be required to file suit less than two years after the date of the act giving rise to the injury occurred.

Products Liability Actions

Products liability actions must be brought within two years after the plaintiff suffers the injury.

Special Rules for Minors

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

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