This is the first article in our series on the Oklahoma Statute of Limitations for the various types of civil cases.  We are frequently asked what the statute of limitations is on a specific case.  The answer depends on the type of legal claim, the jurisdiction it is in, and the discovery rule.  Throughout the series, we aim to answer specific statutory questions related to personal injury claims, property damage claims, breach of contract claims, and claims involving recovery of real property.

The statute of limitations simply tells you how much time you have to bring a lawsuit.  The “clock” starts ticking after an occurrence of the event that gives rise to the suit.  Because of this, a civil action can only be brought within the periods prescribed under the statute of limitations.

In the subsequent posts, we also aim to discuss the importance of hiring a knowledgeable civil litigation attorney who can assess your case and make the right recommendations.  Initiating a case within the proper time limit is only a start.  Having a strong representation will increase the likelihood of a favorable outcome.  If you have a case that involves property damage, personal injury, breach of contract, or recovery of land, then contact us today.

Throughout the series we will answer the following questions:

  • What is the Oklahoma Statute of Limitations for property damage?
  • What is the Oklahoma Statute of Limitations for personal injury?
  • What is the Oklahoma Statute of Limitations for breach of contract?
  • What is the Oklahoma Statute of Limitations for the recovery of real property?

Property damages happen all the time.  Whether someone backed up to your mailbox at home or rear-ended you on your commute to work, there may be property damage.  You may file a suit to recover the cost of repair or replacement.  The statute of limitations for property damage claims is two (2) years from the date of the incident. 12 O.S. §95(A)(3).

Similarly, if another person or entity is responsible for your injury, then you may file a suit to recover damages.  Examples of such injuries include slips and falls and car accidents.  In both examples, the injured party must file a suit within two (2) years from the date of the incident. 12 O.S. §95(A)(3).

Likewise, a non-breaching party to an oral contract has three (3) years to bring a lawsuit for the breach of that agreement. 12 O.S. §95(A)(2).  For example, a handyman’s verbal promise to repair a homeowner’s fence for a fee falls under an oral contract.  On the other hand, a non-breaching party to a written contract has five (5) years to bring a lawsuit for breach.  12 O.S. §95(A)(1). Employment contracts and sales agreements are some of the examples of written contracts.

Finally, an action for the recovery of real property that is sold by the court, by an estate’s executor, or for delinquent taxes must be brought within five (5) years.  12 O.S. §93(1), (2) & (3).  For example, the original owner who lost a property at a tax resale auction for delinquent taxes has five years to bring a suit against the new owner.  The “clock” starts ticking at the time the deed is recorded.

OKC Civil Litigation Lawyer

Whether you are dealing with a personal injury, property damage, breach of contract, or a claim to recover real property, Niroula Law is here to help.  We will give your case the attention it deserves, and help you navigate the legal intricacies from start to finish.  Determining the statutory deadline is only the beginning of the lawsuit. You must also have a solid representation to increase the chance of a strong finish. Contact us online or via telephone to get in touch with an Oklahoma civil litigation law firm to speak to an OKC litigation lawyer.