Wrongful Death Damages Are Protected From Caps in Oklahoma

By the FigureMyTax Editorial Team · How we calculate

Oklahoma's constitution is the reason a wrongful death award is uncapped.

The constitutional protection

The Oklahoma Constitution prohibits caps on damages for injuries that cause death. That is why the 2019 decision struck down the old injury cap: it treated survivors differently from families of the deceased.

The 2025 cap

Section 61.3 states that it does not apply to actions brought under Article XXIII, Section 7 of the Oklahoma Constitution, which covers wrongful death.

Noneconomic damages

Grief, loss of consortium and loss of parental care are whatever a jury reasonably awards.

How other states compare

New Jersey and New York limit wrongful death recovery to pecuniary loss, while Oklahoma, Ohio and Nevada allow grief-type damages without caps outside special categories. Oklahoma's main limits are its fault bar above 50% and the two-year deadline.

Official sources

• 12 O.S. § 1053 — wrongful death damages
• 23 O.S. § 13 — comparative negligence

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.