Oklahoma’s damages rules can affect how an injured person’s losses are evaluated. For qualifying bodily injury claims, state law generally limits non-economic damages to $500,000. Exceptions apply in certain cases. The limit does not apply to economic losses such as medical expenses, lost wages and other financial harm.
What does the $500,000 cap cover?
Oklahoma law separates damages into economic and non-economic losses. Economic losses involve financial harm that can be measured. Non-economic losses involve the less tangible effects of an injury. Economic damages can include:
- Medical care and treatment
- Lost wages and other compensation
- Rehabilitation and other injury-related costs
In most cases, non-economic damages cannot exceed $500,000. These can include pain and suffering, mental anguish, disfigurement and loss of companionship. The limit applies to injuries that occur on or after September 1, 2025.
Are there exceptions to the cap?
The $500,000 limit does not apply to every serious injury. A plaintiff with a permanent and severe physical injury may face no cap on non-economic damages if the injury meets the legal requirements. A separate $1 million limit applies when a plaintiff suffers a permanent mental injury that severely impairs the person’s ability to work or maintain a reasonable standard of living.
The cap also does not apply when clear and convincing evidence shows the defendant acted with reckless disregard, gross negligence, fraud or intentional or malicious conduct.
What does this mean for an injury claim?
Not every part of a claim is subject to the cap. Economic damages are not limited by the $500,000 cap. Whether the noneconomic damages cap applies depends on the type of injury, when it occurred and the circumstances surrounding the conduct that caused it.
For an injured person, those distinctions can affect how a potential claim is evaluated. Section 61.3 does not apply to actions under the Oklahoma Governmental Tort Claims Act. That law has its own rules and limits.
Knowing which damages and exceptions apply can give an injured person a clearer picture of what an Oklahoma personal injury claim may involve.