{"data":{"id":"us-ok/okla.-stat.-tit.-51-51-156","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 51, § 51-156","heading":"Presentation of claim - Limitation of actions - Filing -","body":"Notice - Wrongful death.\n\nA. Any person having a claim against the state or a political\n\nsubdivision within the scope of Section 151 et seq. of this title\n\nshall present a claim to the state or political subdivision for any\n\nappropriate relief including the award of money damages.\n\nB. Except as provided in subsection H of this section, and not\n\nwithstanding any other provision of law, claims against the state or\n\na political subdivision are to be presented within one (1) year of\n\nthe date the loss occurs. A claim against the state or a political\n\nsubdivision shall be forever barred unless notice thereof is\n\npresented within one (1) year after the loss occurs.\n\nC. A claim against the state shall be in writing and filed with\n\nthe Office of the Risk Management Administrator of the Office of\n\nManagement and Enterprise Services who shall immediately notify the\n\nAttorney General and the agency concerned and conduct a diligent\n\ninvestigation of the validity of the claim within the time specified\n\nfor approval or denial of claims by Section 157 of this title. A\n\nclaim may be filed by certified mail with return receipt requested.\n\nA claim which is mailed shall be considered filed upon receipt by\n\nthe Office of the Risk Management Administrator.\n\nD. A claim against a political subdivision shall be in writing\n\nand filed with the office of the clerk of the governing body.\n\nE. The written notice of claim to the state or a political\n\nsubdivision shall state the date, time, place and circumstances of\n\nthe claim, the identity of the state agency or agencies involved,\n\nthe amount of compensation or other relief demanded, the name,\n\naddress and telephone number of the claimant, the name, address and\n\ntelephone number of any agent authorized to settle the claim, and\n\nany and all other information required to meet the reporting\n\nrequirements of the Medicare Secondary Payer Mandatory Reporting\n\nProvisions in Section 111 of the Medicare, Medicaid and SCHIP\n\nExtension Act of 2007 (MMSEA) through the Centers for Medicare \u0026\n\nMedicaid Services (CMS). Failure to state either the date, time,\n\nplace and circumstances and amount of compensation demanded, or any\n\ninformation requested to comply with the reporting claims to CMS\n\nunder MMSEA shall not invalidate the notice unless the claimant\n\ndeclines or refuses to furnish such information after demand by the\n\nstate or political subdivision. The time for giving written notice\n\nof claim pursuant to the provisions of this section does not include\n\nthe time during which the person injured is unable due to\n\nincapacitation from the injury to give such notice, not exceeding\n\nninety (90) days of incapacity.\n\nF. If the written notice of claim demands relief for personal\n\ninjuries, the claimant shall provide the name and address of all\n\nhealth care providers who treated the claimant since the date and\n\ntime of the circumstances claimant set forth in the notice of claim\n\nrequired by subsection E of this section and the date of the notice\n\nrequired by subsection E of this section. For each health care\n\nprovider required to be identified, the claimant shall provide a\n\nHIPPA compliant authorization for release of health information.\n\nFailure to provide the name and address of all health care providers\n\nand the HIPPA compliant authorization required by this subsection\n\nshall not invalidate the notice required by subsection E of this\n\nsection unless the claimant declines or refuses to furnish such\n\ninformation after demanded by the state or political subdivision.\n\nG. If the written notice of claim demands relief for loss of\n\nearnings, the claimant shall provide the documentation of the loss\n\nof earnings since the date and time of the circumstances claimant\n\nset forth in the notice of claim required by subsection E of this\n\nsection and the date of the notice required by subsection E of this\n\nsection. Failure to provide the documentation required by this\non.\n\nG. If the written notice of claim demands relief for loss of\n\nearnings, the claimant shall provide the documentation of the loss\n\nof earnings since the date and time of the circumstances claimant\n\nset forth in the notice of claim required by subsection E of this\n\nsection and the date of the notice required by subsection E of this\n\nsection. Failure to provide the documentation required by this\n\nsubsection shall not invalidate the notice required by subsection E\n\nof this section unless claimant declines or refuses to furnish such\n\ninformation after demanded by the state or political subdivision.\n\nH. If the written notice of claim demands relief for losses of\n\nreal or personal property, the claimant shall provide the amount of\n\nthe property loss claimed, the method used to calculate the amount\n\nof loss, documentation relied upon in determining the amount of\n\nloss, and proof of the claimant's ownership of property. Failure to\n\nprovide the documentation required by this subsection shall not\n\ninvalidate the notice required by subsection E of this section\n\nunless claimant declines or refuses to furnish such information\n\nafter demanded by the state or political subdivision.\n\nI. When the claim is one for death by wrongful act or omission,\n\nnotice may be presented by the personal representative within one\n\n(1) year after the death occurs. If the person for whose death the\n\nclaim is made has presented notice that would have been sufficient\n\nhad he lived, an action for wrongful death may be brought without\n\nany additional notice.\n\nJ. Claims and suits against resident physicians or interns\n\nshall be made in accordance with the provisions of Titles 12 and 76\n\nof the Oklahoma Statutes.\n\nK. For purposes of claims based on wrongful felony conviction\n\nresulting in imprisonment provided for in Section 154 of this title,\n\nloss occurs on the date that the claimant receives a pardon based on\n\nactual innocence from the Governor or the date that the claimant\n\nreceives judicial relief absolving the claimant of guilt based on\n\nactual innocence; provided, for persons whose basis for a claim\n\noccurred prior to the effective date of this act, the claim must be\n\nsubmitted within one (1) year after the effective date of this act.","path":["OK Code","Title 51"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d7d4eee962c6de80d0af0e172cdd7ad3db4dc2c2db0d56c0443820a4f23585a3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-51-51-155.2","next":"us-ok/okla.-stat.-tit.-51-51-157"},"notice":"GroundRules: Original legal text. Not legal advice."}