The multiplier method: scaling off your damages
The multiplier method is the industry's default approach. It takes your economic damages — medical bills and lost wages — and multiplies that total by a factor generally between 1.5 and 5, chosen based on injury severity, recovery time, and whether any permanent impairment is involved.
The per diem method: valuing each day
The per diem (Latin for "per day") method works differently. It assigns a specific dollar value to a single day of pain and suffering and multiplies that rate by the total number of days of documented recovery, tying the value directly to time rather than to the size of your medical bills.
Neither method has to clear a cap in Oklahoma
In many states, whichever method produces the higher noneconomic figure still has to be checked against a statutory ceiling, especially in medical malpractice. Oklahoma is different: since the state's Supreme Court struck down its $350,000 noneconomic damages cap as unconstitutional in Beason v. I.E. Miller Services in 2019, there's no ceiling to check the multiplier or per diem output against, in any kind of personal injury claim.
The fault threshold still matters, just differently
What does still shape the final number is Oklahoma's fault rule: the multiplier or per diem total is reduced by the claimant's own percentage of fault, with a bar that only activates once fault exceeds 50%. Unlike states with a strict tie-bar, an Oklahoma claimant at exactly 50% fault still recovers half of whatever the valuation method produces.
Neither is required by Oklahoma law
Both methods remain negotiating tools, not a formula Oklahoma courts are required to apply. A jury retains discretion to award whatever amount it finds appropriate for noneconomic damages, with no statutory ceiling standing in the way.