Are Punitive Damages Awarded in Oklahoma Personal Injury Cases?

Posted on 01/6/26

in Personal Injury

Experiencing a sudden serious injury can feel like the rug was pulled out from under your life, disrupting your job, personal daily routine, and relationships with family and friends. When the injury resulted from someone else’s egregious actions, it’s even more devastating. While nothing can erase the physical harm caused by the injury, an Oklahoma City personal injury attorney can help you recover compensation for your losses. But what about punitive damages for the responsible party? It’s important to know when punitive damages might apply to your personal injury case.

Understanding Punitive Damages In Oklahoma Personal Injury Claims

Most damages awarded in settlements or jury verdicts for personal injuries in Oklahoma serve as compensation for tangible and intangible losses suffered by the injured person. For instance, economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering. Punitive damages are also awarded to the injury victim in some cases, but not as compensation for their losses. Instead, punitive damages serve as punishment for the injured party and as a deterrent to prevent repetition of the egregious conduct.

Compensation for most damages in personal injury claims comes from the appropriate insurance policy, such as an at-fault driver’s auto insurance or a negligent store owner’s commercial liability insurance, but punitive damages typically come from the responsible party’s personal assets.

What Types of Oklahoma Personal Injury Claims Can Include Punitive Damages?

To obtain an award for punitive damages, the injured party must prove that the defendant acted with reckless disregard for the safety of others, willful malice or misconduct, or with intentional wrongdoing. Common personal injury claims with punitive damages include the following:

  • Nursing home abuse or neglect
  • Drunk driving
  • Road rage accidents
  • Deliberate acts of violence (intentional torts)
  • Willful misconduct or intentional fraud that includes violence toward another
  • Egregious premises liability cases, such as against a property owner who was aware of a dangerous condition and knowingly put others at risk with wanton disregard for their safety
  • Product liability claims against a manufacturer that knowingly marketed a dangerous product
  • When a defendant in a personal injury case tried to conceal their wrongdoing

A court may also award punitive damages to an insurance company that engaged in bad-faith practices that violated the terms of their contract with a policyholder, for example, in Oklahoma roofing bad-faith insurance claims.

Are There Caps on Punitive Damages In Oklahoma Personal Injury Cases?

While Oklahoma doesn’t limit or cap compensatory damages in personal injury cases, punitive damages are subject to caps, depending on the seriousness of the defendant’s actions. Punitive damages caps range from $100,000 to $500,000 in most cases, but there may be no caps placed on the most severely life-threatening actions, known as Level III behaviors under Oklahoma’s punitive damages statute 23 OK Stat § 9.1.

How Do I Know If Punitive Damages Are Available In My Personal Injury Case?

Because “egregious behaviors” and “willful misconduct” seem like subjective terms, it can be difficult to determine whether or not you can add a claim for punitive damages to a personal injury case without consulting an attorney. Most personal injury lawyers offer free consultations to evaluate the merits of a potential client’s case. At this initial consultation, your attorney can determine whether or not punitive damages are available to add to your claim.