Oklahoma Notice of Tort Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. A claim against the State or a political subdivision is forever barred unless notice is presented within 1 year after the loss occurs (51 O.S. 156). For wrongful death, the personal representative may present the claim within 1 year after the death. Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.

2. 2

   One statute and one deadline cover both tracks, but the recipients differ. A claim against the State goes to the Office of the Risk Management Administrator at the Office of Management and Enterprise Services (OMES), which notifies the Attorney General and the agency involved.

3. 3

   A State claim is in writing and may be filed by certified mail, return receipt requested. A mailed claim is filed when the Risk Management Administrator receives it, not when it is mailed.

4. 4

   A claim against a city, county or other political subdivision must be in writing and filed with the office of the clerk of its governing body (51 O.S. 156(D)).

5. 5

   The notice states the date, time, place and circumstances of the claim, the agency or agencies involved, the amount of compensation or other relief demanded, the name, address and phone of the claimant and of any agent authorized to settle, and Medicare (MMSEA Section 111) reporting information.

6. 6

   A personal injury claim also lists the names and addresses of all treating health care providers with a HIPAA authorization. A lost earnings claim includes documentation. A property loss claim gives the amount, how it was calculated, supporting documentation and proof of ownership.

7. 7

   OMES says a State claim that has not been approved or denied is deemed denied 90 days after it was received, and a claimant cannot sue until the claim is denied or 90 days have passed. The claimant then has 180 days from the denial or deemed denial to sue (51 O.S. 157(B)). Settlement talks after the 90 days do not pause that time unless agreed in writing.

Oklahoma Requirements for Notice of Claim

• One-Year Notice Deadline

  51 O.S. 156: a claim against the State or a political subdivision is forever barred unless notice is presented within 1 year after the loss occurs; for wrongful death, within 1 year after the death.

• State Claim Recipient

  State claims go to the OMES Office of the Risk Management Administrator and may be filed by certified mail, return receipt requested; a mailed claim is filed on receipt.

• Local Claim Recipient

  51 O.S. 156(D): a claim against a political subdivision must be in writing and filed with the office of the clerk of the governing body.

• Deemed Denial and Suit Window

  OMES: a State claim not approved or denied is deemed denied 90 days after receipt. Suit is due within 180 days of the denial or deemed denial (51 O.S. 157(B)).

• Incapacity Exclusion

  51 O.S. 156: the notice period excludes time the injured person cannot give notice due to incapacitation from the injury, up to 90 days.

• Damages Limits

  51 O.S. 154 limits recoverable damages, as amended effective November 1, 2025. No award may include punitive or exemplary damages.

• Required Notice Contents

  State the date, time, place and circumstances, the agency involved, the amount demanded, claimant and settlement-agent contact details, and Medicare (MMSEA Section 111) reporting information.

• Claim-Type Attachments

  Injury: treating providers and a HIPAA authorization. Lost earnings: documentation. Property: amount, calculation method, documentation and proof of ownership.