In personal injury law in Oklahoma, damages are meant to make a person whole. This is a term of art in personal injury law – you cannot undo the damage done to a person who was a victim in a personal injury lawsuit. You can however provide compensation for such things as lost wages property, property damage, medical bills, and pain and suffering.
Some damages are considered economic damages, and some are noneconomic damages. In addition, Oklahoma law provides for what is known as punitive damages in some circumstances in personal injury law. Punitive damages are considered non-compensatory in nature.
This is what you need to know about punitive damages caps in the state of Oklahoma. Okla. Stat. tit. 23 § 61.2
Compensatory Damages Can Be Economic and Non-economic Damages
That baseline, damages can be divided up into either compensatory or non-compensatory damages. Compensatory damages, as the name suggests, compensate the victim while non-compensatory damages are damages that do not have a specified amount associated with them.
Economic damages have a specific monetary amount associated with them. This can include such things as medical bills and property damage and lost wages. Non-economic damages and contrast, are such things as pain and suffering, loss of companionship, or emotional distress which occur as a result of the victim’s injuries. These damages do not have a specific monetary amount associated with them and thus the fact-finder in any personal injury lawsuit must come to an amount that is appropriate to compensate the victim.
Punitive Damages and Punitive Damages Caps in Oklahoma
Punitive damages are not meant to compensate the victim but are meant to punish the perpetrator or make an example of the perpetrator’s bad behavior that will seek to deter that behavior in the future. Because these damages are non-compensatory, many feel that it is inappropriate to give high levels of punitive damages to a victim. As a result states such as Oklahoma have initiated caps or limitations on the amounts of punitive damages that may be awarded to a victim in certain circumstances.
For the most part, a plaintiff in a personal injury case may recover all of their economic damages and up to $350,000 of non-economic or punitive damages in any case in which they may apply. Okla. Stat. tit. 23 § 61.2.
However, there are situations in which punitive damages are not limited by Oklahoma law. A personal injury victim may recover India any and all punitive damages that are awarded by a judge or jury in a negligence case if the judge or jury fines, by clear and convincing evidence, that the defendant’s acts or failure to act were:
- In reckless disregard for the rights of others;
- Grossly negligent;
- Fraudulent; or
- Intentional or done with malice.
In these cases, a plaintiff may recover the entirety of the punitive damages awarded.
In cases where this threshold is not met, punitive damages are capped at the greater of:
- $100,000.00, or
- the amount of the actual damages awarded. Okla. Stat. tit. 23 § 9.1.
Factors in Determining the Amount of Punitive Damages to be Awarded
In looking to award punitive damages, the fact-finder looks primarily at the defendant’s conduct and financial viability. The point of doing so is to find an amount that will sufficiently punish the behavior. A factfinder can look to:
- The seriousness of the hazard that arose from the defendant’s misconduct;
- Whether the misconduct was profitable to the defendant;
- The duration of the misconduct;
- Whether the defendant tried to conceal the misconduct;
- The defendant’s awareness of the hazard or the lack thereof;
- The defendant’s attitude and conduct upon discovering the action or hazard;
- Whether employees were involved in causing or concealing the misconduct; and
- The financial condition of the defendant. Okla. Stat. tit. 23 § 9.1.
Punitive damage cases are more complex by their nature. They involve more investigation and more is at stake for both the plaintiff and the defendant. These cases need the care that an experienced Oklahoma City personal injury attorney can bring.
Free Consultation: Oklahoma City Personal Injury Attorney
These cases can have a significant impact on the valuation of a case. Call us to see how we can help you. You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.
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