Oklahoma Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered through reasonable diligence.

Wrongful death claims must be filed within 2 years of the date of death.

If the injured person is a minor at the time the cause of action accrues, the statute of limitations is tolled until they reach age 18, with 1 additional year to file after reaching majority.

Claims against the state or political subdivisions must be preceded by written notice within 1 year of the loss. The government has 90 days to approve or deny. Suit must be filed within 180 days of denial.

The Oklahoma Supreme Court struck down the $350,000 noneconomic damage cap (former 23 O.S. § 61.2) as an unconstitutional special law in Beason v. I.E. Miller Services (2019). There is currently no cap on noneconomic damages in Oklahoma.

For negligence-based punitive damage claims, the cap is the greater of $100,000 or the amount of actual damages awarded.

When the defendant acted intentionally or with reckless disregard, the cap is the greater of $500,000 or two times the amount of actual damages.

No cap applies when the jury finds the defendant's actions were life-threatening, that the defendant was aware of the threat, and acted in reckless disregard of that threat.

Oklahoma abolished joint and several liability. Each defendant is responsible only for their proportional share of fault. The plaintiff bears the risk of uncollectible judgments.

Oklahoma modified the collateral source rule — evidence of insurance payments and other collateral source benefits is admissible to reduce the damages award.