What is the Notice Requirement for Claims Against the State of Oklahoma?

The notice requirements for claims against the state are governed by the Oklahoma Governmental Tort Claims Act (OGTCA). Filing this written notice is a mandatory jurisdictional requirement that must be completed before a lawsuit can be initiated.

Notice Deadlines for State Agencies

When the claim involves a state agency, the following timelines apply:

• Notice Filing: You must file a written notice of tort claim within 180 days of the date the incident occurred.
• Lawsuit Filing: Once the notice is filed and subsequently denied (or deemed denied after 90 days of inaction), you generally have one year from the date of the incident to file a formal lawsuit against a state agency.

Required Content of the Notice

The written notice must be delivered to the specific governing body or its legal counsel and must include:

• Your full name and mailing address.
• The date, time, and location of the incident.
• A clear description of the circumstances, injuries, and damages sustained.
• The identity of any involved government employees.
• The amount of compensation sought (if known).

Important Considerations

Failure to serve the notice within the 180-day window or omitting essential details typically leads to the dismissal of the claim. While standard person injury cases in Oklahoma often have a two-year statute of limitations, claims against the state follow these much stricter OGTCA windows.

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