Okla. Stat. tit. 23, § 23-61.3: Definitions — Economic and noneconomic loss compensation

for bodily injury claims — Limitations — Required findings —

Exceptions.

A. As used in this section:

1. “Bodily injury” means actual physical injury to the body of

a person and sickness or disease resulting therefrom;

2. “Economic damages” means any type of pecuniary harm

including, but not limited to:

a. all wages, salaries, or other compensation lost as a

result of a bodily injury that is the subject of a

civil action,

b. all costs incurred for medical care or treatment,

rehabilitation services, or other care, treatment,

services, products, or accommodations as a result of a

bodily injury that is the subject of a civil action,

or

c. any other costs incurred as a result of a bodily

injury that is the subject of a civil action;

3. “Fraudulent” or “fraud” means “actual fraud” as defined

pursuant to Section 58 of Title 15 of the Oklahoma Statutes;

4. “Gross negligence” means the want of slight care and

diligence;

5. “Malice” involves hatred, spite, or ill will, or the doing

of a wrongful act intentionally without just cause or excuse;

6. “Noneconomic damages” means nonpecuniary harm that arises

from a bodily injury that is the subject of a civil action,

including damages for:

a. pain and suffering,

b. loss of society, consortium, companionship, care,

assistance, attention, protection, advice, guidance,

counsel, instruction, training, or education,

c. disfigurement

d. mental anguish, and

e. any other intangible loss; and

7. “Reckless disregard of another’s rights” shall have the same

meaning as willful and wanton conduct and shall mean that the

defendant was either aware, or did not care, that there was a

substantial and unnecessary risk that his, her, or its conduct would

cause serious injury to others. In order for the conduct to be in

reckless disregard of another’s rights, it must have been

unreasonable under the circumstances and there must have been a high

probability that the conduct would cause serious harm to another

person.

B. In any civil action arising from a claimed bodily injury,

the amount of compensation which the trier of fact may award a

plaintiff for economic loss shall not be subject to any limitation.

C. 1. Except as provided in paragraph 2 of this subsection, in

any civil action arising from a claimed bodily injury, the amount of

compensation which a trier of fact may award a plaintiff for

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.

2. If the trier of fact finds that a plaintiff has suffered

permanent and severe physical injury, including a substantial

physical abnormality or disfigurement, loss of use of a limb, or

loss of or substantial impairment to a major body organ or system,

or an injury of any type that renders the plaintiff incapable of

being able to independently care for himself or herself or perform

life-sustaining activities, there shall be no limit on the amount of

compensation that a trier of fact may award the plaintiff for

noneconomic loss.

D. If the trier of fact finds that a plaintiff has suffered a

permanent mental injury that itself severely impairs the plaintiff’s

ability to be employed or enjoy a reasonable standard of living, the

amount of compensation that a trier of fact may award a plaintiff

for noneconomic loss shall not exceed One Million Dollars

($1,000,000.00), regardless of the number of parties against whom

the action is brought or the number of actions brought.

E. Notwithstanding subsection C or D of this section, there

shall be no limit on the amount of noneconomic damages that the

trier of fact may award the plaintiff in a civil action arising from

a claimed bodily injury resulting from negligence if the judge and

jury find, by clear and convincing evidence, that the defendant’s

acts or failures to act were:

ught or the number of actions brought.

E. Notwithstanding subsection C or D of this section, there

shall be no limit on the amount of noneconomic damages that the

trier of fact may award the plaintiff in a civil action arising from

a claimed bodily injury resulting from negligence if the judge and

jury find, by clear and convincing evidence, that the defendant’s

acts or failures to act were:

1. In reckless disregard for the rights of others;

2. Grossly negligent;

3. Fraudulent; or

4. Intentional or with malice.

F. In the trial of a civil action arising from claimed bodily

injury, if the verdict is for the plaintiff, the court, in a nonjury

trial, shall make findings of fact, and the jury, in a trial by

jury, shall return a general verdict accompanied by answers to

interrogatories, which shall specify all of the following:

1. The total compensatory damages recoverable by the plaintiff;

2. That portion of the total compensatory damages representing

the plaintiff’s economic loss;

3. That portion of the total compensatory damages representing

the plaintiff’s noneconomic loss; and

4. If alleged, whether the conduct of the defendant was or

amounted to:

a. reckless disregard for the rights of others,

b. gross negligence,

c. fraud, or

d. intentional or malicious conduct.

G. This section shall not apply to actions brought under The

Governmental Tort Claims Act or actions brought pursuant to Section

7 of Article XXIII of the Oklahoma Constitution.

H. This section shall apply to injuries occurring on or after

the effective date of this act.