Do You Have A Personal Injury Case? – Know How Long After Car Accident Can You Claim Injury.

Car accidents can turn your life upside down in seconds. Whether it’s a minor fender-bender or a severe collision, knowing what to do after an accident—and understanding your rights—is essential, especially in a state like Oklahoma where specific laws and timelines could impact your ability to seek compensation.

If you or someone you love has recently been in a car accident in Oklahoma, this comprehensive guide will walk you through immediate steps to take, how to evaluate whether you’re eligible for a personal injury claim, what types of compensation you might qualify for, and how to pursue your case successfully.

Introduction

Each year, thousands of people in Oklahoma are injured in motor vehicle accidents. While some walk away with minor bruises, others face long-term injuries, emotional trauma, and mounting medical bills. In the aftermath, it’s easy to feel overwhelmed and unsure of what to do next.

That’s why it’s crucial to know your rights and have a clear action plan. This guide is here to help Oklahomans understand their next steps, from filing a police report to determining whether they’re entitled to compensation and pursuing a personal injury case if so.

Immediate Steps to Take After a Car Accident in Oklahoma

The minutes after a crash are stressful—but your actions can protect both your health and your legal rights.

1. Ensure Your Safety

First, move your vehicle to the side of the road if it’s safe. Turn on your hazard lights and make sure everyone involved is out of harm’s way. Your safety and that of others is top priority.

2. Call 911

Oklahoma law requires you to report any accident that causes injury, death, or property damage. Even if the injuries appear minor, calling the police creates a documented report that is critical to any insurance or legal claims. Always request a copy of the accident report.

3. Seek Medical Attention

Some injuries, such as whiplash or internal trauma, may not be obvious right away. It’s vital to be evaluated by a medical professional as soon as possible. Medical records not only safeguard your health but also serve as key evidence if you pursue a personal injury claim.

4. Exchange Information

Get the following from all involved drivers:

• Name and contact information
• Driver’s license number
• License plate number
• Insurance policy number and provider 

Do not admit fault or discuss the details of the crash beyond this.

5. Document the Scene

Use your smartphone to take photos of the vehicles, injuries, street signs, damage, and road conditions. Talk to any witnesses and get their contact information. This evidence may help prove liability.

6. Notify Your Insurance Company

Inform your insurance provider of the accident, but avoid making statements about fault or injuries until you’ve spoken to a personal injury attorney.

How Long After a Car Accident Can You Claim Injury?

One of the most important—and often overlooked—factors in any personal injury case is the statute of limitations. This legal time limit determines how long you have to file a claim after a car accident.

Oklahoma’s Statute of Limitations for Car Accidents:

In Oklahoma, the deadline to file a personal injury lawsuit after a car accident is two years from the date of the accident. This applies to most claims involving:

• Bodily injuries
• Emotional distress
• Medical expenses
• Lost wages
• Pain and suffering 

If you miss this two-year window, you may lose your right to pursue compensation altogether—even if your injuries are severe and the other driver was clearly at fault.

Exceptions That Could Affect the Deadline:

• Minors: If the injured party is under 18, the two-year clock doesn’t start until their 18th birthday.
• Delayed Discovery: In rare cases, if injuries aren’t discovered right away, the clock may start from the date the injury is reasonably discovered.
• Claims Against Government Entities: If your accident involved a city, county, or state vehicle, special rules apply—you may need to file a formal notice within 1 year or less. 

Why You Shouldn’t Wait

Even though two years might sound like a long time, evidence fades quickly:

• Witnesses become harder to find
• Physical evidence deteriorates
• Insurance companies may delay or deny claims if you wait too long 

A personal injury attorney can help preserve evidence and begin building your claim.

How to Know If You’re Eligible for a Personal Injury Case in Oklahoma

Just because you were in an accident doesn’t automatically mean you have a valid personal injury claim. Here’s how to determine if you do.

1. You Were Injured

Your injuries must be physical or emotional and medically documented. This could range from back pain and broken bones to PTSD or chronic anxiety.

2. Someone Else Was at Fault

Under Oklahoma’s modified comparative negligence rule, you can recover compensation only if you are less than 51% at fault. For example, if another driver ran a red light but you were speeding, you may still have a claim—but your compensation could be reduced.

3. You Suffered Measurable Losses

A successful personal injury claim requires proof of damages such as:

• Medical bills
• Lost wages
• Pain and suffering
• Loss of future earning capacity
• Property damage 

4. You’re Within the Legal Time Limit

Oklahoma’s statute of limitations for filing a personal injury claim is two years from the date of the accident. Waiting too long may result in losing your right to compensation altogether.

What Compensation Can You Recover?

Compensation, also known as “damages,” may be awarded in several categories:

• Medical Expenses: ER visits, surgeries, rehab, prescriptions, and future care
• Lost Wages: Income missed during recovery
• Pain and Suffering: Physical pain and emotional distress
• Loss of Consortium: Impact on relationships and family life
• Property Damage: Repair or replacement of your vehicle
• Punitive Damages: Rare, but possible in cases of extreme negligence (e.g., DUI) 

Each case is different, and your settlement amount depends on the severity of your injuries and the extent of the other party’s liability.

Steps to Take to Pursue a Personal Injury Claim

Once you’ve taken care of your immediate health and safety needs, you can begin the legal process of pursuing compensation.

1. Contact a Personal Injury Attorney

Consult a lawyer who specializes in Oklahoma car accident law. Many, including AMA Law, offer free consultations. An attorney will:

• Evaluate your case
• Determine liability
• Handle negotiations with insurance companies
• File a lawsuit if needed 

2. Build Your Case

Your lawyer will collect:

• Police and accident reports
• Medical records and bills
• Photos and video evidence
• Witness statements
• Employer records (for lost wages)
• Expert testimony (if needed) 

3. File a Claim with the Insurance Company

Your attorney will prepare a demand letter detailing the accident, your injuries, and the compensation you’re requesting. The insurer will typically respond with a settlement offer.

4. Negotiate a Fair Settlement

Most claims settle out of court. Your lawyer will negotiate on your behalf to maximize your payout. If a fair settlement isn’t possible, you may proceed to litigation.

5. File a Lawsuit (If Necessary)

If negotiations fail, your lawyer will prepare to file a formal lawsuit. This includes discovery, depositions, and possibly a trial before a judge or jury.

Oklahoma-Specific Laws You Should Know

Being aware of state-specific regulations can give you an advantage when pursuing your case.

Modified Comparative Negligence

If you’re 50% or less at fault, you can recover damages—reduced by your percentage of fault. If you’re 51% or more responsible, you’re barred from recovering compensation.

Minimum Insurance Coverage

Oklahoma requires all drivers to carry liability coverage:

• $25,000 for injury or death per person
• $50,000 total per accident
• $25,000 for property damage 

Uninsured/Underinsured Motorist Coverage (UM/UIM)

This coverage is optional but recommended. It protects you if the other driver has little or no insurance.

MedPay Coverage

Medical payments coverage (MedPay) is optional in Oklahoma. It helps pay your medical expenses regardless of who caused the accident.

Dashcam Footage

Dashcams are legal in Oklahoma and can be valuable evidence if liability is disputed.

When to Call a Lawyer Immediately

Certain situations demand immediate legal advice:

• Injuries requiring hospitalization or surgery
• The other driver is uninsured or underinsured
• You’re being blamed for the accident
• The accident involved a government or commercial vehicle
• An insurance company has denied your claim or made a low offer 

Don’t wait until you’re overwhelmed or out of options. The sooner you contact a lawyer, the better your chances of building a strong case.

Don’t Wait, Take Action Today

Accidents are stressful—but knowing what to do next can make all the difference. If you’ve been hurt in a car accident in Oklahoma, don’t delay in protecting your health and your legal rights.

Start by:

• Getting medical attention
• Documenting the crash
• Consulting a qualified Oklahoma personal injury attorney

At AMA Law, our team is committed to helping accident victims get the compensation they deserve. We offer free consultations and don’t charge unless we win your case.

📞 Call us today or visit www.amalaw.com to schedule your consultation.