How do I File a Tort Claim Against an Oklahoma County Government?

Filing a tort claim against an Oklahoma county government involves a strict two-step process governed by the Oklahoma Governmental Tort Claims Act (OGTCA). Failure to follow these specific steps and deadlines will result in your claim being permanently barred.

1. File a Written Notice of Tort Claim

Before you can file a lawsuit, you must deliver a formal written notice to the county. For claims against a county, this notice must be filed within 90 days of the incident.

• Where to Send: The notice must be delivered to the county clerk or the governing body of the responsible agency.
• What to Include: The notice must describe the date, time, and location of the incident, the circumstances of the injury, the nature and extent of the damages, and the identity of any involved government employees.
• Service Method: It is recommended to use hand delivery or certified mail (return receipt requested) to the entity’s legal counsel to ensure you have proof of service.

2. Wait for a Response

Once the notice is served, the county government has 90 days to approve or deny the claim. If the county does not respond within those 90 days, the claim is legally “deemed denied.”

3. File a Lawsuit

If the claim is denied (either formally or by the expiration of the 90-day review period), you must file a lawsuit in district court. You have a strict 180-day deadline from the date of the denial to file this lawsuit.

Key Considerations

• Strict Deadlines: Unlike standard personal injury cases that may have a two-year statute of limitations, county claims require action within 90 days.
• Exceptions: Very narrow exceptions exist for minors, incapacitated individuals, or cases of government misrepresentation, but these are rare and strictly interpreted by courts.

• Oklahoma Governmental Tort Claims Act Deadlines: 180-Day Filing Rules