How this estimate is built
Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then apply Oklahoma's fault rule. There's no cap to check against.
A 50% bar that favors the claimant at the exact threshold
Under 23 O.S. § 13, Oklahoma bars recovery only when a claimant's fault is "of greater degree than" the combined fault of everyone else involved. That precise wording matters: at exactly 50% fault, a claimant still recovers half of their damages. Only fault that exceeds 50% bars recovery entirely.
No cap on noneconomic damages — since 2019
Oklahoma had a $350,000 cap on noneconomic damages, covering both ordinary personal injury and medical malpractice claims, enacted in 2009 and amended in 2011. The Oklahoma Supreme Court struck it down as unconstitutional in Beason v. I.E. Miller Services, Inc. (2019 OK 28). The court found the cap an impermissible "special law," because the Oklahoma Constitution separately prohibits any damages cap in cases where the injury results in death — capping damages only for survivors treated similarly situated people differently. Oklahoma has had no noneconomic damages cap since.
A real case behind the ruling
The case arose after Todd Beason was struck by a crane boom on an oil rig in 2012, resulting in two amputations. A 2015 jury awarded Beason and his wife $15 million total, including several million in noneconomic damages. Under the cap then in effect, the trial court reduced the award to roughly $9.7 million. The Oklahoma Supreme Court reversed that reduction, restoring the full jury verdict.