Damages; increasing maximum limitation on compensation for noneconomic loss; removing exceptions to limitation on noneconomic loss compensation. Effective date.
SB 827 would amend Oklahoma’s damages cap statute for civil actions arising from claimed bodily injury. The bill increases the maximum recoverable noneconomic damages cap from $350,000 to $500,000, while leaving economic damages uncapped. It also revises the statute’s structure and definitions, including terms such as bodily injury, economic damages, noneconomic damages, fraud, gross negligence, malice, and reckless disregard of another’s rights.
The bill preserves the existing exception that removes the cap when a judge and jury find, by clear and convincing evidence, that the defendant acted with reckless disregard, gross negligence, fraud, or intentional/malicious conduct. It also keeps the rule that juries are not to be told about the noneconomic damages cap. The bill changes the applicability date so the amended section would apply to civil actions filed on or after November 1, 2025, and the act would become effective on that date.
SB 827 would amend 23 O.S. 2021, Section 61.2, which governs limitations on noneconomic loss compensation in bodily injury cases. The principal legal change is raising the statutory cap on noneconomic damages from $350,000 to $500,000 for covered civil actions, while maintaining uncapped economic damages and the existing procedural framework for verdicts and judgments. The bill also updates statutory references, modifies definitions, and changes the filing-date applicability from November 1, 2011 to November 1, 2025. It does not apply to Governmental Tort Claims Act cases or wrongful death actions.
Based on the available context, the bill appears to have been introduced and referred to the Judiciary Committee, but there are no recorded committee transcripts or votes in the provided materials. As a result, there is no documented floor or committee sentiment to assess beyond the bill’s text. The measure’s direction suggests a policy choice to increase compensation available to injured plaintiffs, which may be viewed favorably by claimant advocates and less favorably by defendants, insurers, and tort reform supporters.
The main point of contention is the size and scope of the noneconomic damages cap. Supporters would likely favor the higher $500,000 cap as a broader remedy for pain and suffering and other intangible harms, while opponents may argue it increases liability exposure and litigation costs. Another potential issue is that the bill removes the prior exceptions language from subsection B and reorganizes the statute, though the substantive exception for reckless, grossly negligent, fraudulent, or intentional conduct remains in the bill. The exclusion of Governmental Tort Claims Act cases and wrongful death actions also limits the bill’s reach and may be relevant to stakeholders in those areas.