Oklahoma at a glance
Oklahoma allows two years for an action for injury to the rights of another.[1] A claim against the state must be presented within one year.[2] A plaintiff whose negligence is greater than the defendant’s cannot recover.[3] Drivers must carry at least 25/50/25 liability coverage.[4]
Filing deadlines
12 O.S. § 95(A)(3)
Within two (2) years: … an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated;
Source: [1]
In plain English, most injury lawsuits in Oklahoma must be filed within two years.[1]
For claims against the State of Oklahoma under 51 O.S. § 156, the state’s risk management office explains: “A claimant must present a claim against the State within one (1) year of the date the loss or injury occurs. If a claim is not filed within one (1) year of the date on which the loss occurs, then an individual is ‘forever barred’ from bringing his or her claim.”[2]
Shared fault
23 O.S. § 13
Contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage
Source: [3]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
The Oklahoma Insurance Department states: “In Oklahoma, the minimum liability coverage is 25/50/25, or $25,000 of bodily injury protection per person, $50,000 per accident and $25,000 of property damage protection.”[4] Oklahoma is not one of the no-fault states.[5]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Oklahoma?
In plain English, most injury lawsuits in Oklahoma must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- 12 O.S. § 95. Oklahoma Senate. https://oksenate.gov/sites/default/files/2019-12/os12.pdf
- Oklahoma OMES Risk Management. “FAQ” (51 O.S. § 156). https://oklahoma.gov/omes/divisions/risk-assessment-compliance/risk-management/faq.html
- 23 O.S. § 13. Oklahoma Legislature. https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf
- Oklahoma Insurance Department. “Auto Insurance Common Myths.” https://www.oid.ok.gov/auto-insurance-common-myths/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
