How to File a Notice of Tort Claim

Oklahoma’s GTCA applies to tort claims against state officials in their official capacity. Compliance is necessary before suing for state law violations (but not required for purely federal claims under § 1983).

Procedural rules: 51 O.S. §156

A claim must be filed within one year of the date of loss/incident. This OGTCA provision contrasts with a two-year statute of limitation for torts committed by nongovernmental entities.

The OGTCA notice requirements are jurisdictional in nature.

A claim must be in writing and filed with the clerk of the governing body such as a town/city clerk, county clerk, etc.  *NOT* a court clerk.

The claim must include:

Municipality or governmental entity involved

Date, time, place, circumstances of the loss/incident

Amount of compensation requested

Claimant contact information

If applicable, information mandated for reporting by the Medicare Secondary Payor Act. 

Failure to state most, if not all, of these items is not fatal to the claim unless it is not provided after being requested. 

There are some exceptions to the filing requirements:

A claimant may have a 90-day extension due to incapacity from the injury.

In a wrongful death action, a personal representative has one year from date of death to file the claim.

Once a claim has been properly filed, under 51 O.S. §157, a municipality/county has 90 days to review the claim. The municipality/county has two options:

1. Deny the claim outright, provided written notice is given to the claimant; or

If the municipality/county takes no action, after 90 days the claim is considered constructively denied.

2. Once a claim is denied, the claimant must file a lawsuit within 180 days unless there is a written agreement to extend the time for filing in order to continue settlement discussions, but may not extend past two years from the date of loss/incident.