Damages Oklahoma Law May Allow After a Crash, and the Cap That Now Applies
The law groups damages into two kinds. Economic loss covers measurable costs, such as medical expenses and lost earnings. Noneconomic loss covers harms without a receipt, such as pain and suffering.
Section 61.3 of Title 23 of the Oklahoma Statutes provides that, in "any civil action arising from a claimed bodily injury," noneconomic loss "shall not exceed Five Hundred Thousand Dollars ($500,000.00), regardless of the number of parties against whom the action is brought or the number of actions brought." That limit does not apply to economic loss. The section names exceptions, including:
- permanent and severe physical injury;
- permanent mental injury;
- reckless, grossly negligent, fraudulent or intentional conduct.
It applies to injuries occurring on or after September 1, 2025, the effective date of that law.
Section 61.3 replaced an earlier cap in section 61.2, which was repealed in 2025. In Beason v. I. E. Miller Services, Inc., 2019 OK 28, the Oklahoma Supreme Court held that section 61.2(B) through (F) "is unconstitutional in its entirety." The Court found it was an impermissible special law under Article 5, Section 46 of the Oklahoma Constitution.
For someone with a lasting injury, whether an exception applies can change what the law permits, and that depends on the medical evidence and the conduct proved. The date of the injury matters too. Claims against government bodies under the Governmental Tort Claims Act carry their own dollar limits in Title 51. Records of medical costs and lost earnings, medical evidence about how lasting the injury is, and the injury date are the starting points for a conversation with an attorney about whether an exception may apply.