Punitive Damages in Oklahoma
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Oklahoma.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$10,000 – $50,000
Avg Comp. Damages
When Are Punitive Damages Available in Oklahoma?
In Oklahoma, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Oklahoma operates under Modified comparative fault (51% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Oklahoma attorney for the current statutory limits applicable to your case.
Key Facts About Oklahoma Injury Law
Oklahoma uses modified comparative negligence under 23 Okla. Stat. § 13 with a 51% bar — plaintiffs who are 51% or more at fault are barred from recovery, while those with lesser fault have their damages award reduced proportionally by their assigned fault percentage.
Personal injury claims must be filed within 2 years from the date of injury under 12 Okla. Stat. § 95; claims against governmental entities require compliance with the Oklahoma Governmental Tort Claims Act, including a 1-year notice requirement before filing a lawsuit.
Oklahoma caps punitive damages under 23 Okla. Stat. § 9.1 — for reckless disregard, punitive damages are capped at the greater of $100,000 or the actual damages award; for intentional malice, the cap increases to the greater of $500,000 or twice actual damages.