Oklahoma law generally allows two years to file most lawsuits, including many environmental class actions. This two-year period typically starts from the date of injury or damage. However, environmental hazard cases often present unique challenges.
Understanding the discovery rule
This rule sets the starting point for your filing deadline, which begins when you first learn about your injury or when you should have reasonably known about it. The discovery rule is especially important in environmental hazard cases because the injuries it causes aren’t always obvious right away. This might give you extra time to file a claim if you couldn’t have known about the problem earlier. For class actions, this rule can affect the timing for the whole group.
Keep in mind that courts will carefully consider the specifics of your situation when applying this rule. They’ll look at factors like:
- When you first noticed the problems
- What information was available to you
- Whether you took reasonable steps to investigate
- The nature of the environmental hazard and how it typically affects people or property.
In some cases, the court may even examine whether there were any efforts to conceal the problem. Each case is unique, so it’s important to work with an attorney who can understand the nuances of your situation.
What are the challenges in a class action?
Timing issues can make it difficult for courts to treat a group as one class. For a class action to work, all members need to have similar legal questions or facts in their cases. If some people found out about the problem long ago and others just learned about it, their situations might be too different. This could mean the court won’t let them file as one big group. Instead, they might have to file separate lawsuits.
With environmental hazard lawsuits, people often experience different exposure times and effects. Some might show symptoms immediately, while others may not see problems for years. Health issues can also vary in type and severity among the group. These differences can make it hard to prove a common cause.
Timing can be critical
Varying exposure times, effects and legal deadlines can make environmental class actions particularly complicated. Consider working with an attorney who can help you navigate these multifaceted cases.