{"data":{"id":"us-ok/okla.-stat.-tit.-23-23-9.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 23, § 23-9.3","heading":"Definitions – Payment of damages","body":"A. As used in this section:\n\n1. “Future damages” means damages that are incurred after the\n\ndate of judgment for:\n\na. medical, health care, or custodial care services,\n\nb. physical pain and mental anguish, disfigurement, or\n\nphysical impairment,\n\nc. loss of consortium, companionship, or society, or\n\nd. loss of earnings;\n\n2. “Future loss of earnings” means the following losses\n\nincurred after the date of the judgment:\n\na. loss of income, wages, or earning capacity and other\n\npecuniary losses, or\n\nb. loss of inheritance; and\n\n3. “Periodic payments” means the payment of money or its\n\nequivalent to the recipient of future damages at defined intervals.\n\nB. This section shall apply only to an action in which the\n\npresent value of the award of future damages, as determined by the\n\ncourt, equals or exceeds One Hundred Thousand Dollars ($100,000.00).\n\nC. Upon request of a party, the court may order that future\n\ndamages be paid in whole or in part in periodic payments rather than\n\nby a lump-sum payment. Periodic payments shall not exceed seven (7)\n\nyears from the date of entry of judgment.\n\nD. The court shall make a specific finding of the dollar amount\n\nof periodic payments that will compensate the plaintiff for the\n\nfuture damages. The court shall specify in its judgment ordering\n\nthe payment of future damages by periodic payments the:\n\n1. Recipient of the payments;\n\n2. Dollar amount of the payments;\n\n3. Interval between payments; and\n\n4. Number of payments or the period of time over which payments\n\nmust be made.\n\nE. The entry of an order for the payment of future damages by\n\nperiodic payments constitutes a release of the health care liability\n\nclaim filed by the plaintiff.\n\nF. As a condition to authorizing periodic payments of future\n\ndamages, the court shall require a defendant who is not adequately\n\ninsured to provide evidence of financial responsibility in an amount\n\nadequate to assure full payment of damages awarded by the judgment.\n\nThe judgment shall provide for payments to be funded by:\n\n1. An annuity contract issued by a company licensed to do\n\nbusiness as an insurance company, including an assignment within the\n\nmeaning of Section 130, Internal Revenue Code of 1986, as amended;\n\n2. An obligation of the United States;\n\n3. Applicable and collectible liability insurance from one or\n\nmore qualified insurers; or\n\n4. Any other satisfactory form of funding approved by the\n\ncourt.\n\nG. On termination of periodic payments of future damages, the\n\ncourt shall order the return of the security, or as much as remains,\n\nto the defendant.\n\nH. On the death of the recipient, money damages awarded for\n\nloss of future earnings shall continue to be paid to the estate of\n\nthe recipient of the award without reduction. Following the\n\nsatisfaction or termination of any obligations specified in the\n\njudgment for periodic payments, any obligation of the defendant\n\nhealth care provider to make further payments ends and any security\n\ngiven reverts to the defendant.\n\nI. For purposes of computing the award of attorney fees when\n\nthe plaintiff is awarded a recovery that will be paid in periodic\n\npayments, the court shall place a total value on the payments based\n\non the plaintiff’s projected life expectancy and reduce the amount\n\nto present value.\n\nJ. Each periodic payment shall include the principal owed to\n\nthe party plus interest at the rate applicable for postjudgment\n\ninterest as provided by law.","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":"64f28a9e6debd7891e459a449ce511c3ef60f5296df1d927b8ae517fe61a62a5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-23-23-9.1","next":"us-ok/okla.-stat.-tit.-23-23-92"},"notice":"GroundRules: Original legal text. Not legal advice."}