{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1708.1f-1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1708.1F-1","heading":"Noneconomic damages – Hard cap limit – Exception –","body":"Applicability and termination of section.\n\nA. Except as provided in subsection B or D of this section, in\n\nany medical liability action not provided for in Section 1-1708.1F\n\nof Title 63 of the Oklahoma Statutes, the amount of noneconomic\n\ndamages awarded shall not exceed the hard cap amount of Three\n\nHundred Thousand Dollars ($300,000.00), regardless of the number of\n\nactions brought with respect to the personal injury, provided:\n\n1. The defendant has made an offer of judgment pursuant to\n\nSection 1101.1 of Title 12 of the Oklahoma Statutes; and\n\n2. The amount of the verdict awarded to the plaintiff is less\n\nthan one and one-half (1 1/2) times the amount of the final offer of\n\njudgment.\n\nB. The dollar amount prescribed by subsection A of this section\n\nshall be adjusted annually based upon any positive increase in the\n\nConsumer Price Index that measures the average changes in prices of\n\ngoods and services purchased by urban wage earners and clerical\n\nworkers’ families and single workers living alone (CPI-W) for the\n\npreceding calendar year. The adjustment required by this subsection\n\nshall be made on April 1 of each year or not later than thirty (30)\n\ndays after the date upon which the Bureau of Labor Statistics\n\nreleases the CPI-W inflationary data for the preceding calendar\n\nyear, whichever date first occurs. No adjustment to the dollar\n\namount prescribed by this section shall be made for any year in\n\nwhich there is a decline in the Consumer Price Index.\n\nC. As used in this section, “noneconomic damages” means only\n\nmental pain and suffering, inconvenience, mental anguish, emotional\n\ndistress, loss of society and companionship, loss of consortium,\n\ninjury to reputation and humiliation; provided, however, noneconomic\n\ndamages do not include exemplary damages, as provided for in Section\n\n9.1 of Title 23 of the Oklahoma Statutes.\n\nD. If nine or more members of the jury find by clear and\n\nconvincing evidence that the defendant committed negligence or if\n\nnine or more members of the jury find by a preponderance of the\n\nevidence that the conduct of the defendant was willful or wanton,\n\nthe limits on noneconomic damages provided for in subsection A of\n\nthis section shall not apply; provided, however, the judge must,\n\nbefore submitting such determination to the jury, make a threshold\n\ndetermination that there is evidence from which the jury could\n\nreasonably make the findings set forth in the case.\n\nE. If the jury returns a verdict that is greater than Three\n\nHundred Thousand Dollars ($300,000.00) and is less than one and one-\n\nhalf (1 1/2) times the amount of the final offer of judgment, the\n\ncourt shall submit to the jury an additional form of verdict. The\n\nadditional form of verdict shall be substantially as follows:\n\n“1. Do you find by a preponderance of the evidence that the\n\nconduct of the defendant was willful or wanton? If nine or more of\n\nyou answer in the affirmative, then return this verdict form in open\n\ncourt. If less than nine of you answer in the affirmative, then\n\nanswer the following question.\n\n2. Do you find by clear and convincing evidence that the\n\ndefendant was negligent? If this question is answered\n\naffirmatively, then return this verdict form in open court. If less\n\nthan nine of you find negligence by clear and convincing evidence,\n\nthen answer the following question.\n\n3. Of the amount returned in the verdict, what amount of your\n\nverdict is for economic damages and what amount is for noneconomic\n\ndamages?”\n\nF. Nothing in this section shall apply to an action brought for\n\nwrongful death.\n\nG. The provisions of this section shall apply only to actions\n\nthat accrue on or after November 1, 2004.\n\nH. This section of law shall terminate on November 1, 2010.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"64fa8b6af855300db9173f88cf05e23cb749913fc2cdc08d8b4a4781b0e63c31","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1708.1f","next":"us-ok/okla.-stat.-tit.-63-63-1-1708.1h"},"notice":"GroundRules: Original legal text. Not legal advice."}