Oklahoma Personal Injury Law Resources

Oklahoma is an at-fault state with a two-year statute of limitations, modified comparative fault with a 51% bar, and no caps on compensatory damages the Oklahoma Supreme Court struck down the state's $350,000 non-economic cap as unconstitutional in 2019. The Oklahoma Constitution itself prohibits damage caps in cases resulting in death. Punitive damages are subject to a tiered cap system based on the severity of the defendant's misconduct. Auto insurance minimums are 25/50/25, and the state does not require PIP or UM/UIM coverage.

Statute of Limitations

General Personal Injury TWO Years

Oklahoma provides a two-year statute of limitations for most personal injury claims under Okla. Stat. tit. 12, § 95(A)(3). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death under Okla. Stat. tit. 12, § 1053(A).

Medical malpractice: Two years from the earlier of the date of injury or the date of discovery.

Intentional torts (assault, battery): One year from the date of injury under Okla. Stat. tit. 12, § 95(A)(4).

Property damage: Two years.

Government Claims One-Year Notice

Claims against the state or a political subdivision require written notice within one year of the injury under the Oklahoma Governmental Tort Claims Act (Okla. Stat. tit. 51, § 156). If the government fails to act on the claim within 90 days, it is deemed denied. The injured party then has 180 days from denial to file suit.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies in medical malpractice and latent injury cases. The statute is also tolled when the defendant leaves the state or goes into hiding.

Modified Comparative Fault (51% Bar)

Oklahoma follows a modified comparative fault rule under Okla. Stat. tit. 23, § 13. A plaintiff who is more than 50% at fault (i.e., 51% or more) is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

Note: Some sources describe Oklahoma's bar as triggering when the plaintiff's fault "exceeds" the defendant's meaning at exactly 50%, the plaintiff is barred because their fault is not less than the other party's.

Oklahoma applies joint and several liability with contribution rights among defendants.

Damage Caps

No Compensatory Damage Caps

Oklahoma imposes no caps on economic or non-economic damages in general personal injury cases. The state's prior $350,000 non-economic damage cap was declared unconstitutional by the Oklahoma Supreme Court in 2019. The Oklahoma Constitution (Art. 23, § 7) prohibits caps on damages in cases resulting in death (except workers' compensation and government claims).

Punitive Damages Tiered Cap System

Under Okla. Stat. tit. 23, § 9.1, punitive damages are subject to a three-tier cap:

Tier 1 Reckless Disregard: Capped at the greater of $100,000 or the amount of actual damages.

Tier 2 Intentional and Malicious Conduct: Capped at the greatest of $500,000, twice the actual damages, or the financial benefit the defendant gained.

Tier 3 Life-Threatening Conduct (intentional and malicious): No cap on punitive damages.

Government Liability Caps

Under the Governmental Tort Claims Act (Okla. Stat. tit. 51, § 154):

• $125,000 per person per occurrence (general)
• $175,000 per person for cities/counties with population over 300,000
• $200,000 for medical malpractice against state-owned hospitals
• $1,000,000 total to all persons per single occurrence
• No punitive damages against the government

Auto Insurance Requirements

Oklahoma is an at-fault (tort) state.

Liability Minimums 25/50/25

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

No PIP Required

Oklahoma does not require Personal Injury Protection (PIP) coverage, though it is available as an optional add-on.

UM/UIM Not Required

Oklahoma does not require Uninsured/Underinsured Motorist (UM/UIM) coverage, though insurers must offer it.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Oklahoma are filed in District Court, the state's trial court of general jurisdiction. Oklahoma has 77 counties organized into 26 judicial districts. Small Claims Court handles cases up to $10,000.

Oklahoma County (Oklahoma City), Tulsa County, Cleveland County (Norman), and Comanche County (Lawton) handle the highest volumes of personal injury litigation.

Common Types of Personal Injury Cases in Oklahoma

Oklahoma's oil and gas industry, severe weather, rural geography, extensive highway system, tribal jurisdictions, and growing urban areas generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-35, I-40, I-44, and the Turner Turnpike), commercial truck accidents (Oklahoma is a major crossroads for interstate freight), motorcycle accidents, pedestrian accidents, oil field and energy industry injuries (drilling, fracking, pipeline, and refinery accidents), tornado and severe weather injuries (premises liability and construction failures), premises liability (including slip-and-fall and retail injuries), medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, nursing home abuse, dog bites (Oklahoma follows a strict liability/one-bite hybrid owner is liable if the dog was at large or the owner knew of vicious propensities), tribal land injuries (Oklahoma has 39 federally recognized tribes, creating complex jurisdictional issues after the McGirt decision), agricultural accidents, and oilfield truck accidents on rural roads.

This page provides general legal information about Oklahoma personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Oklahoma to discuss the specific facts of your case.