What to Know About Filing a Personal Injury Claim Against the State of Oklahoma for Negligence

You can file a personal injury claim against the state of Oklahoma for negligence. But, in order for you to obtain compensation from this claim, there are a number of rules, deadlines, and limitations you should be aware of.

Speak with a Tulsa personal injury lawyer today. Understanding how these requirements work may help you protect your right to seek compensation.

What types of personal injury claims are allowed against the state of Oklahoma?

Oklahoma law allows certain personal injury claims to be filed against the state when negligence is involved. Some examples include injuries caused by:

• A vehicle owned or operated by the government
• Dangerous public property conditions
• Medical negligence that occurred at a state-run hospital or medical facility

Other claims can be allowed, as long as the state’s negligence played a key role. Your ability to recover damages from a personal injury claim against the state is dependent on the specific facts of your case. You may want to speak with a personal injury lawyer who can assess whether your claim is viable.

When must you file a personal injury claim against the state of Oklahoma for negligence?

The State of Oklahoma relies on the Governmental Tort Claims Act. To move forward with your personal injury lawsuit, you must file a Notice of Tort Claim within one year of your injury. If the claim is denied (including deemed denied after 90 days), a lawsuit must generally be filed within 180 days after denial.

For example, if you are hit by a government vehicle and sustain a concussion, you can file a Notice of Tort Claim against the State of Oklahoma for negligence. But if you wait more than one year to do this, your case is likely to be thrown out. If you file it within one year of this injury, your claim may proceed, subject to other requirements under the Governmental Tort Claims Act.

What do you need to prove to obtain compensation from the state of Oklahoma?

To obtain compensation from the State of Oklahoma for an injury that its negligence created, you must prove the following:

• The State owed you a duty of care.
• The State breached this duty of care.
• The State’s breach of this duty led to your injury.
• You have suffered harm/damages as a result of this injury.

Some examples of the above are as follows:

• Every driver in Oklahoma is expected to follow the state’s traffic laws.
• A government driver could violate those traffic laws while operating their government vehicle.
• You could be struck by this car and, in doing so, sustain a spine injury, among many other possibilities.
• This spine injury could lead to pain and suffering, as well as hefty medical bills.

Oklahoma practices comparative negligence. This means you cannot recover if you are found to be more than 50% at fault for your injuries.

What kinds of damages can you obtain from a personal injury claim against the State of Oklahoma?

If you file a personal injury claim against the state of Oklahoma, and this claim is successful, you may be able to obtain the following damages (subject to statutory limits):

• Lost earnings at work
• Medical expenses
• Long-term care needs
• Pain and suffering

Other damages can also apply. Claims against the State are governed exclusively by the Governmental Tort Claims Act. The State and its political subdivisions can be held liable for torts committed by employees acting within the scope of their employment, but that liability is limited by statute.

Potential pitfalls for claims against the State

As mentioned above, there are different notice requirements when filing under the GTCA. For instance, a negligence claim against any other person or entity would regularly have a two year statute of limitations, but failing to give notice within one year of the date of incident will often prove fatal if a governmental actor is involved. Similarly, notice must be given to the clerk for the appropriate entity. While substantial adherence to the GTCA will often suffice, serving inadequate notice or the wrong entity can ultimately result in the notice requirement not being satisfied. There are also nearly 50 exemptions that give governmental actors immunity for certain types of claims. Without going into all of them, if your cause of action falls into one of these exemptions, your claim will likely fail, even if notice and all the other requirements are met.

Contact a Tulsa personal injury lawyer today

If you were injured as a result of a government entity or employee’s negligence, you may be able to obtain compensation. Biby Law Firm can help. You can use this contact form to speak with one of our Tulsa personal injury lawyers today.