Oklahoma Accident Injury Compensation Caps
In some states, when a car accident occurs, the victims file damage and injury claims against their own insurance policy, called Personal Injury Protection insurance, no matter who was at fault for the crash. In Oklahoma, however, we determine fault and file a claim against the at-fault driver’s insurance for compensation.
There are different types of compensation that you can seek-
- Compensatory damages – ‘compensate’ the victim for economic and non-economic injury. Economic damages are quantifiable, as in you can count them, such as medical bills, lost wages and time from work, and injury or damage related expenses. Non-economic damages compensate the victim for more intangible things like pain, suffering, and emotional distress.
- Punitive damages – think of these damages as punishment for persons or entities that are grossly negligent. To determine gross negligence several elements are considered such as, how severe a hazard was created, and whether the driver was aware of the hazard they created.
Oklahoma Caps Damage Amounts for Car Accident Claims
Be mindful of the fact that certain types of damages have limits or caps as to how much you can receive for your injuries and losses. Not all states have caps but in Oklahoma –
- Non-economic damages are capped at $350,000
- Economic damages are not capped
- Punitive damages are not capped
- Wrongful death cases are not capped
On the Topic of Negligence
Oklahoma follows the 51 percent comparative negligence rules, which says that a car crash victim’s compensation will be reduced by their percentage of fault. For example, if you were 10 percent at fault for an accident and the other driver was 90 percent at fault, the damage amount you collect will be reduced by 10 percent. However, if you are more than 50 percent at fault for the accident, you are unable to receive damages. You can learn more about Oklahoma’s negligence laws our page on Oklahoma Comparative Negligence Laws.