How Long do I have to Sue the City of Mcalester for an Accident?

When suing the city of McAlester for an accident, you must navigate a strict two-step process governed by the Oklahoma Governmental Tort Claims Act (OGTCA). Unlike standard personal injury cases, these deadlines are very short and strictly enforced.

1. The Notice of Tort Claim:

Before filing a lawsuit, you must deliver a written notice of your claim to the city clerk or the governing body of McAlester. For municipal entities like a city, this notice must be filed within 90 days of the accident.

1. The Lawsuit Filing Deadline:

Once the notice is filed, the city has 90 days to approve or deny the claim. If they deny it (or do not respond within 90 days), you have a 180-day deadline to file the actual lawsuit in court.

1. The One-Year Absolute Cap:

For accidents involving municipal vehicles (such as police cars or city buses), a lawsuit must be commenced within 180 days of the claim denial, but it must be filed no later than one year from the date of the injury.

Missing any of these deadlines typically results in a permanent bar to your recovery. Because these rules are complex and much shorter than the standard two-year statute of limitations for private accidents, it is recommended to seek legal counsel immediately.

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