Personal Injury Statistics in Oklahoma
Understanding personal injury statistics in Oklahoma helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$10,000 – $50,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
2 years
Statute of Limitations
Time to file from date of injury
At-Fault (Tort)
Auto Insurance System
At-fault driver's insurer liable
Oklahoma Injury Cases — By the Numbers
31,000 cases/yr
PI Cases Filed Annually
$38,000
Average Settlement
$23,000
Median Settlement
42%
Plaintiff Trial Win Rate
14 mo
Avg. Time to Settle
Motor Vehicle Accident
Top Injury Type
12 mo
Civil Court Backlog
36%
Avg. Contingency Fee
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.
Oklahoma Personal Injury Law Overview
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.