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July 3, 2019

Non-Economic Damage Cap Changes

Before the decision in Beason v. I.E. Miller Servs., 2019 OK 28Title 23, Section 61.2 of the Oklahoma Statutes limited a plaintiff’s recovery of noneconomic damages to $350,000 without special findings. Noneconomic damages are nonpecuniary harm from a bodily injury including pain and suffering, loss of companionship, loss of education, mental anguish and other intangible loss. The Oklahoma Supreme Court found this limitation was unconstitutional because it discriminated against those who suffered a bodily injury versus those who died from the accident. As a result, there is no limit for noneconomic damages. This ruling applies to pending and future cases that do not yet have ruling.