{"data":{"id":"us-ok/okla.-stat.-tit.-23-23-61.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 23, § 23-61.3","heading":"Definitions — Economic and noneconomic loss compensation","body":"for bodily injury claims — Limitations — Required findings —\n\nExceptions.\n\nA. As used in this section:\n\n1. “Bodily injury” means actual physical injury to the body of\n\na person and sickness or disease resulting therefrom;\n\n2. “Economic damages” means any type of pecuniary harm\n\nincluding, but not limited to:\n\na. all wages, salaries, or other compensation lost as a\n\nresult of a bodily injury that is the subject of a\n\ncivil action,\n\nb. all costs incurred for medical care or treatment,\n\nrehabilitation services, or other care, treatment,\n\nservices, products, or accommodations as a result of a\n\nbodily injury that is the subject of a civil action,\n\nor\n\nc. any other costs incurred as a result of a bodily\n\ninjury that is the subject of a civil action;\n\n3. “Fraudulent” or “fraud” means “actual fraud” as defined\n\npursuant to Section 58 of Title 15 of the Oklahoma Statutes;\n\n4. “Gross negligence” means the want of slight care and\n\ndiligence;\n\n5. “Malice” involves hatred, spite, or ill will, or the doing\n\nof a wrongful act intentionally without just cause or excuse;\n\n6. “Noneconomic damages” means nonpecuniary harm that arises\n\nfrom a bodily injury that is the subject of a civil action,\n\nincluding damages for:\n\na. pain and suffering,\n\nb. loss of society, consortium, companionship, care,\n\nassistance, attention, protection, advice, guidance,\n\ncounsel, instruction, training, or education,\n\nc. disfigurement\n\nd. mental anguish, and\n\ne. any other intangible loss; and\n\n7. “Reckless disregard of another’s rights” shall have the same\n\nmeaning as willful and wanton conduct and shall mean that the\n\ndefendant was either aware, or did not care, that there was a\n\nsubstantial and unnecessary risk that his, her, or its conduct would\n\ncause serious injury to others. In order for the conduct to be in\n\nreckless disregard of another’s rights, it must have been\n\nunreasonable under the circumstances and there must have been a high\n\nprobability that the conduct would cause serious harm to another\n\nperson.\n\nB. In any civil action arising from a claimed bodily injury,\n\nthe amount of compensation which the trier of fact may award a\n\nplaintiff for economic loss shall not be subject to any limitation.\n\nC. 1. Except as provided in paragraph 2 of this subsection, in\n\nany civil action arising from a claimed bodily injury, the amount of\n\ncompensation which a trier of fact may award a plaintiff for\n\nnoneconomic loss shall not exceed Five Hundred Thousand Dollars\n\n($500,000.00), regardless of the number of parties against whom the\n\naction is brought or the number of actions brought.\n\n2. If the trier of fact finds that a plaintiff has suffered\n\npermanent and severe physical injury, including a substantial\n\nphysical abnormality or disfigurement, loss of use of a limb, or\n\nloss of or substantial impairment to a major body organ or system,\n\nor an injury of any type that renders the plaintiff incapable of\n\nbeing able to independently care for himself or herself or perform\n\nlife-sustaining activities, there shall be no limit on the amount of\n\ncompensation that a trier of fact may award the plaintiff for\n\nnoneconomic loss.\n\nD. If the trier of fact finds that a plaintiff has suffered a\n\npermanent mental injury that itself severely impairs the plaintiff’s\n\nability to be employed or enjoy a reasonable standard of living, the\n\namount of compensation that a trier of fact may award a plaintiff\n\nfor noneconomic loss shall not exceed One Million Dollars\n\n($1,000,000.00), regardless of the number of parties against whom\n\nthe action is brought or the number of actions brought.\n\nE. Notwithstanding subsection C or D of this section, there\n\nshall be no limit on the amount of noneconomic damages that the\n\ntrier of fact may award the plaintiff in a civil action arising from\n\na claimed bodily injury resulting from negligence if the judge and\n\njury find, by clear and convincing evidence, that the defendant’s\n\nacts or failures to act were:\nught or the number of actions brought.\n\nE. Notwithstanding subsection C or D of this section, there\n\nshall be no limit on the amount of noneconomic damages that the\n\ntrier of fact may award the plaintiff in a civil action arising from\n\na claimed bodily injury resulting from negligence if the judge and\n\njury find, by clear and convincing evidence, that the defendant’s\n\nacts or failures to act were:\n\n1. In reckless disregard for the rights of others;\n\n2. Grossly negligent;\n\n3. Fraudulent; or\n\n4. Intentional or with malice.\n\nF. In the trial of a civil action arising from claimed bodily\n\ninjury, if the verdict is for the plaintiff, the court, in a nonjury\n\ntrial, shall make findings of fact, and the jury, in a trial by\n\njury, shall return a general verdict accompanied by answers to\n\ninterrogatories, which shall specify all of the following:\n\n1. The total compensatory damages recoverable by the plaintiff;\n\n2. That portion of the total compensatory damages representing\n\nthe plaintiff’s economic loss;\n\n3. That portion of the total compensatory damages representing\n\nthe plaintiff’s noneconomic loss; and\n\n4. If alleged, whether the conduct of the defendant was or\n\namounted to:\n\na. reckless disregard for the rights of others,\n\nb. gross negligence,\n\nc. fraud, or\n\nd. intentional or malicious conduct.\n\nG. This section shall not apply to actions brought under The\n\nGovernmental Tort Claims Act or actions brought pursuant to Section\n\n7 of Article XXIII of the Oklahoma Constitution.\n\nH. This section shall apply to injuries occurring on or after\n\nthe effective date of this act.","path":["OK Code","Title 23"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2a4fec3dca791101ec8233a0908a9e769a71df2afa401d22061aa310f37fc6a3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-23-23-61.1","next":"us-ok/okla.-stat.-tit.-23-23-62"},"notice":"GroundRules: Original legal text. Not legal advice."}