Future Damages in Oklahoma
In Oklahoma, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Oklahoma
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Oklahoma allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Oklahoma Injury Law
Oklahoma applies modified comparative fault with a 51% bar. The statute of limitations is 2 years. Oklahoma does not require no-fault PIP insurance. Oklahoma's oil and gas industry is a major source of serious injury litigation, including wellhead blowouts, pipeline explosions, and oilfield equipment accidents. Tornado-related premises liability cases and agricultural equipment injuries are also common. Oklahoma has no general cap on compensatory damages for most personal injury cases. Oklahoma's tiered punitive damages system caps punitive damages based on the degree of wrongdoing — reckless disregard versus intentional malice. Medical malpractice in Oklahoma has a 2-year statute of limitations and requires a certificate of merit from a qualified health professional. Workers' compensation in Oklahoma was significantly reformed in 2013, transitioning from an administrative system to a court-based system under the Oklahoma Workers' Compensation Commission. Uninsured motorist coverage is strongly recommended given Oklahoma's relatively high rate of uninsured drivers.