Damages; increasing maximum limitation on compensation for noneconomic loss. Effective date.
Summary
SB1065 increases the statutory cap on noneconomic damages in Oklahoma civil actions arising from claimed bodily injury. Under current law, plaintiffs may recover unlimited economic damages, but noneconomic damages such as pain and suffering, loss of companionship, disfigurement, and mental anguish are capped; this bill raises that cap from $350,000 to $500,000. The bill keeps the existing exception that removes the cap entirely when the defendant’s conduct is proven by clear and convincing evidence to involve reckless disregard, gross negligence, fraud, or intentional/malicious conduct.
The bill also preserves the current framework for how damages are determined and entered in court. It requires juries or judges in nonjury trials to make specific findings separating economic and noneconomic damages and, where applicable, identifying whether the defendant’s conduct meets one of the heightened culpability standards. Juries are still not to be told about the cap, and the bill continues to exclude Governmental Tort Claims Act cases and wrongful death actions from this section. The bill updates the effective date to apply to civil actions filed on or after November 1, 2025, and makes the act itself effective November 1, 2025.
Impact
SB1065 would amend 23 O.S. 2021, Section 61.2, by increasing Oklahoma’s noneconomic damages cap in bodily injury cases and updating the applicability date. It would affect civil litigation involving personal injury claims by allowing larger awards for nonpecuniary harms while leaving economic damages uncapped. The bill does not change the cap-exception standards, the definitions of key terms, or the exclusions for governmental liability and wrongful death claims.
Sentiment
The available voting history suggests the bill had meaningful support but also some opposition. It passed the Senate Judiciary Committee 7-2 and later passed Senate third reading 37-8, indicating broad majority support in the Senate with a notable minority in opposition. No committee transcript is available, so the record does not show detailed debate, but the vote pattern suggests the bill was generally favored as a damages-reform measure while still drawing concern from some lawmakers.
Contention
The main point of contention is the increase in the noneconomic damages cap, which can be viewed as expanding potential liability for defendants in bodily injury cases and increasing possible recoveries for injured plaintiffs. Supporters likely see the change as better reflecting the value of pain-and-suffering and other intangible losses, while opponents may view it as raising litigation exposure and insurance costs. The bill’s retention of the uncapped exception for reckless, grossly negligent, fraudulent, or intentional conduct appears to preserve a compromise between limiting ordinary negligence claims and allowing full recovery in more egregious cases.
Damages; increasing maximum limitation on compensation for noneconomic loss; removing exceptions to limitation on noneconomic loss compensation. Effective date.