Legal Question in Personal Injury in Oklahoma
Chlid injured at business
I am wondering what the statute of limitations are for a minor child that is injured at a place of business. My 6 year old daughter slipped and fell at a business and suffered injuries including the loss of her permanent front tooth. She has had to have several surgeries and is still under the care of her dentist. I didn't know how long we had to file suit.
1 Answer from Attorneys
Re: Chlid injured at business
Your statute of limitations for a minor child in Oklahoma is one year beyond the age of majority. Because 18 is the age of majority, then you have until the 19th birthday of your child to file your lawsuit.
There is a small flaw with this, however. There is some new case law that has not been introduced in Oklahoma yet. This law states that if you have not filed within two years, you lose your medical damages. Therefore, you would only have the "pain and suffering" damages from your suit, should this new law come into play.
Like I said, this hasn't been an issue in Oklahoma yet, but it has come up in Kansas, Arkansas and Texas. Oklahoma lawyers are just waiting to see what happens here.
Your best bet is to file within two years of the date of the slip and fall.
If you need to speak with me, or anyone at my office about your case, let me know. We would be happy to speak with you.
Angela K. Fenwick, Attorney at Law
4312 Classen Boulevard
Oklahoma City, OK 73118
(405) 525-0777
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