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| OKLAHOMA |
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Negligence / Personal Injury
2 Years2 years with Discovery Rule.
Products Liability
2 Years2 years with Discovery Rule.
Wrongful Death
2 Years2 years with Discovery Rule.
Medical Malpractice
2 Year2 years with Discovery Rule. In the case of a minor under 12, the parent or guardian must bring suit on behalf of the minor within seven years after the malpractice. If the minor was injured at age 12 or older, he or she has one year after turning 18 to file suit. In no event may such a minor file suit less than two years after the date of the act giving rise to the injury occurred.
Municipalities
Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence.
Intentional Torts
1 Year1 year
Discovery Rule
Standard rule but see specific rule for medical malpractice.
Fraud of Defendant
2 Years2 Years, time running from discovery.
Disabilities
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for infant, within 1 year after majority (18th birthday) but never less than 2 years after injury.
Comparative Negligence
Applies.
Charitable Immunity
Waived.
Sovereign Immunity
Waived, however, specific rules apply as to amounts recoverable.
Punitive Damages
Clear and convincing evidence that conduct of defendant was malicious and intentional. Amounts vary depending upon conduct of defendant.
Caps: Depends on outcome of claim.
Consumer Fraud Complaint
Oklahoma Office of the Attorney General, Consumer Practices
(405)521-3921 (Oklahoma City)
(918)581-2885 (Tulsa) |
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