SKIP TO CONTENTPerhaps you’ve been in a car accident or fallen in a spill at the store, and now you’re wondering how much your personal injury claim might be worth. Maybe a personal injury lawyer in Oklahoma told you about damage caps and you worry that they might apply to your case.
Does Oklahoma limit how much compensation you can collect for your personal injury claim? The short answer is that damage caps are possible, but they probably won’t affect your case. Let’s dig into this below.
Is There a Cap on Economic Damages?
Oklahoma does not cap economic damages, also called compensatory damages. This is excellent news because economic damages can be significant for a personal injury case. For example, if you’re in a car crash, you’ll probably have medical bills, sometimes to the tune of thousands of dollars. You might also have to cope with weeks’ worth of lost wages if you’re too hurt to do your job.
Does Oklahoma Cap Non-Economic Damages?
For many years, the answer to this question was “yes.” Until 2019, Oklahoma capped non-economic damages at $350,000, with an exception for pain and suffering in wrongful death cases.
That changed when the Oklahoma Supreme Court overturned the cap in Beason v. I.E. Miller Services Inc.
In this case, an Oklahoma man named Todd Beason suffered terrible injuries after improperly loaded construction equipment fell off a crane onto him. Beason’s condition required two amputations, multiple surgeries, and months of treatment. Even after recovering, he required ongoing medical care and suffered chronic pain.
Beason hired a personal injury lawyer in Oklahoma to sue the defendant. The court awarded him $5 million in non-economic damages, while his wife was awarded $1 million. However, the defendants appealed due to the state’s $350,000 non-economic damages cap, and Beason’s award was reduced accordingly.
Beason appealed to the Oklahoma Supreme Court. After reviewing the case, the Supreme Court found that 23 O.S. § 61.2 didn’t properly distinguish between those who die from a major accident and those who survive. It deemed the treatment unreasonable and unconstitutional, thus ending the $350,000 non-economic damages cap.
Punitive Damages Cap
Courts may award punitive damages when the defendant has recklessly or intentionally harmed the plaintiff. Punitive damages are rarely awarded; when they are, there’s a cap on how much the court can award you.
If a jury finds that either the defendant recklessly disregarded the rights of others or an insurance company acted in bad faith, the punitive damages cap may not exceed $100,000 or the actual amount of damages awarded, whichever is greater.
If the defendant acted maliciously and not just recklessly, the punitive damages cap cannot exceed the greatest of:
- $500,000
- Twice the amount of damages awarded, or
- The financial benefit gained by the insurer or defendant due to the conduct that caused injury to the plaintiff
How Damage Caps May Affect Your Case
Damage caps can affect your compensation if punitive damages may apply to your case. If the defendant expects they’ll have to pay you punitive damages, they will fight as hard as possible to avoid doing so. They’ll likely hire the finest lawyer money can buy, and so should you.
That’s where Bryan Garrett, PLLC, comes in. Bryan has proudly protected the rights of Oklahomans for over 25 years and will fight aggressively in pursuit of a fair outcome for your claim.
Find Out How Much Your Claim Might Be Worth
To speak with a personal injury lawyer in Oklahoma, contact Bryan Garrett, PLLC, at (405) 839-8424.
