Caps on Pain & Suffering Damages in Oklahoma After SB 453
Oklahoma struck down its first cap in 2019 and reinstated a higher one in 2025.
The history
In April 2019 the Oklahoma Supreme Court held that the $350,000 cap in 23 O.S. 61.2 was an unconstitutional special law because it treated people who survive injuries differently from those who die, and the state constitution prohibits caps on damages for injuries that cause death.
The 2025 cap
Governor Stitt signed Senate Bill 453 in May 2025, and it took effect September 1, 2025. Codified at 23 O.S. 61.3, it limits noneconomic damages in many bodily injury actions to $500,000 for injuries occurring on or after that date. The injury date, not the filing date, controls.
Exceptions
The cap does not apply if the trier of fact finds permanent and severe physical injury, such as substantial disfigurement, loss of use of a limb, loss or substantial impairment of a major organ or system, or inability to care for yourself. It also does not apply if the judge and jury find by clear and convincing evidence reckless disregard, gross negligence, fraud, or intentional conduct or malice.
Permanent mental injury
A higher $1,000,000 cap applies if the trier of fact finds a permanent mental injury that severely impairs the ability to be employed or enjoy a reasonable standard of living.
What it excludes
Economic damages are not capped. The statute does not apply to Governmental Tort Claims Act actions or to wrongful death actions under the Oklahoma Constitution. A constitutional challenge is possible, and as of the sources we reviewed no final ruling has resolved it.
A local personal injury attorney can review your claim — many offer a free consultation.
Official sources
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Oklahoma's rules apply to your specific case with a licensed Oklahoma attorney.