There are several types of damages available in personal injury cases. If you’ve been injured in an accident caused by someone else’s negligence, you may be entitled to compensation through a personal injury claim. In Oklahoma, the law allows injured individuals to recover various types of damages—also known as monetary compensation—intended to make you “whole” again or to penalize particularly harmful conduct.
Compensatory Damages: Making the Victim Whole
Most personal injury cases in Oklahoma involve compensatory damages, which are meant to reimburse the injured party for actual losses.
1. Economic Damages
These are measurable financial losses that are a direct result of the injury. Common examples include:
- Medical expenses: hospital bills, surgeries, rehabilitation, medications, and future care costs
- Lost wages: income lost due to missed work during recovery
- Loss of future earning capacity: if the injury affects your long-term ability to work
- Property damage: repair or replacement costs for your vehicle or other damaged items
Economic damages typically use documentation such as bills, pay stubs, and expert reports.
2. Non-Economic Damages
These compensate for more subjective losses that don’t come with a price tag but deeply affect your quality of life. Examples include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent impairment
- Loss of companionship or consortium (for a spouse or family member)
Oklahoma courts consider factors such as the severity of the injury, duration of suffering, and long-term impact on your lifestyle when determining non-economic damages.
Punitive Damages: Punishing the Wrongdoer
In some cases, the court may award punitive damages—not to compensate the victim, but to punish the defendant for reckless or intentional misconduct and deter similar behavior in the future.
To receive punitive damages in Oklahoma, you must show clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence. These damages are rare and typically arise in cases involving drunk driving, intentional assault, or corporate misconduct.
Oklahoma law imposes limits on the amount of punitive damages depending on the facts and severity of the case.
Special Considerations in Oklahoma
Oklahoma follows the rule of comparative negligence, which means your total damages may be reduced if you are found partially at fault for the accident. For example, if you were 20% responsible, your recovery will be reduced by 20%. However, if the court finds you more than 50% at fault, you may be unable to recover any damages.
Additionally, Oklahoma places caps on certain non-economic damages in medical malpractice cases, though courts have found some caps unconstitutional in certain situations.
Oklahoma City Personal Injury Attorneys
If you’ve suffered an injury due to someone else’s negligence, understanding the types of damages available is just the beginning. Our team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
