Whether you’ve been in a car accident or involved in a slip and fall incident, you will undoubtedly want to have the negligent party pay for your medical and other damages. However, there is an involved process for filing a personal injury lawsuit in Oklahoma.
Identifying the Defendant
Although this may seem elementary, it is imperative that you sue the right person. Just because someone wasn’t involved in the accident doesn’t mean that he is the correct or only person who can be held liable for your injuries.
Every case has a plaintiff and a defendant. The person filing a personal injury lawsuit in Oklahoma will be the plaintiff.
The person who allegedly caused the accident is the defendant. There can be multiple plaintiffs and defendants; they may be individuals, companies, or people who were not directly involved in the accident.
Lawsuits against government agencies and public school districts have very tight guidelines that make it next to impossible to pursue legal damages against such entities.
A personal injury attorney can not only help sort out who or what caused the accident, but also identify the proper party to assert a claim against. This helps ensure you receive the compensation you deserve.
Filing a Personal Injury Lawsuit On Time
Every state has a deadline establishing how long you have to file a lawsuit. These deadlines are called “statutes of limitations.”
In Oklahoma, the statutes of limitations for personal injury lawsuits is two years. This means you have two years from the date of the incident to file your lawsuit.
Therefore, if someone falls on a patch of ice outside their local grocery store on August 3, 2014, she will have until August 3, 2016 to file a lawsuit for her injuries.
A court can dismiss any case filed after the statute of limitations has expired. However, some judges may allow a lawsuit to proceed under special circumstances.
Note that a personal injury attorney may not file a lawsuit immediately if he intends on settling your case through formal negotiation.
Choosing a Court
Before you file a lawsuit, it is important to first determine where you file. This means which county or state court can exercise jurisdiction over your claim.
Oklahoma state courts can hear most types of cases. However, if you do not file in the correct judicial district, you risk having your case dismissed.
Generally, you can file your lawsuit in the county where the accident occurred if it was a car accident, or where the defendant lives or owns a business.
If the defendant does not live in Oklahoma, you can bring a lawsuit in her state of residence or in federal court if certain criteria are met.
However, this can become very complicated. An experienced attorney can help you determine where you should file your claim.
Drafting a Complaint
Once you’ve decided to timely file a lawsuit against another person, you will need to draft and file a complaint with the court.
Your complaint must state what occurred, why you believe the defendant was responsible for the accident (i.e. texting while driving), and what damages you are seeking (medical expenses, pain and suffering, future medical treatment, etc.)
A complaint must be formatted according to the court’s rules; an experienced attorney is the best person who can assist with drafting and filing a complaint.
Initial Consultation: Tulsa Personal Injury Attorney
The law affords everyone an opportunity to have their day in court, no matter how big or small his case.
If you or someone you know has been hurt due to someone else’s negligence, please contact a Tulsa personal injury attorney to discuss your available legal options.
Consult with an experienced attorney today at The Personal Injury Law Office of Tulsa, by calling (918) 924-5528. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
