Oklahoma · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Oklahoma?

Oklahoma gives you 2 years from the date of injury to file a personal injury lawsuit under 12 Okla. Stat. § 95.

Updated 2026-05-22 · See all 50 states

Key facts: Oklahoma

Personal injury deadline
2 years
12 Okla. Stat. § 95
Wrongful death deadline
2 years
12 Okla. Stat. § 1053
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Oklahoma follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Oklahoma

Two years for both PI and wrongful death (from date of death). The Governmental Tort Claims Act requires notice within one year and suit within 180 days of claim denial under 51 O.S. §§ 156-157. Minor tolling and incapacity tolling apply.

Related: Oklahoma comparative negligence rule

Oklahoma follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; the plaintiff is barred only when negligence is "of greater degree" than the defendant’s or combined defendants’.

Read the full Oklahoma comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Oklahoma attorney before relying on it.

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Oklahoma Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Oklahoma?

In Oklahoma, the general personal injury statute of limitations is 2 years from the date of injury under 12 Okla. Stat. § 95. Two years for both PI and wrongful death (from date of death). The Governmental Tort Claims Act requires notice within one year and suit within 180 days of claim denial under 51 O.S. §§ 156-157. Minor tolling and incapacity tolling apply.

Does Oklahoma have a separate deadline for wrongful death?

Yes. Oklahoma's wrongful death statute of limitations is 2 years under 12 Okla. Stat. § 1053. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Oklahoma personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Oklahoma personal injury attorney before assuming a claim is barred.

What is Oklahoma's comparative negligence rule?

Oklahoma follows a modified 51% bar rule under Okla. Stat. tit. 23, § 13. Modified comparative negligence with a 51% bar; the plaintiff is barred only when negligence is "of greater degree" than the defendant’s or combined defendants’.

Where can I read the actual statute?

The controlling statute is 12 Okla. Stat. § 95. The full text is available on the official Oklahoma legislature website at https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78085.

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