There are two basic types of damages or loss that can be claimed in Oklahoma personal injury cases: compensatory and non-compensatory damages. Compensatory damages are meant to make the victim whole again under the law. This broad category can be further divided into economic and non-economic losses.
Economic Losses and Damages
Economic losses are those types of losses that are associated with a specific cost. Medical bills are a good example of economic damages. They are attached to a specific amount of money that the victim had to pay or that the victim lost as a result of the accident. Other types of economic damages include such things as:
- Lost income and benefits, past, and future due to injuries or permanent disabilities
- Medical bills, past, and future
- Medical equipment needed for rehabilitation or everyday living post-accident
- Property damage
- A rental car while a vehicle is being repaired; travel costs
Once liability is established, often economic damages are clear and often less frequently disputed than are non-economic damages. Non-economic damages include non-tangible losses. These losses don’t carry a discrete dollar amount such as economic losses do. Thus, they tend to be more hotly disputed. They are, however, an important component in personal injury claims. These damages include such things as:
- Non-economic pain and suffering
- Loss of companionship
- Loss of personal care and nurturance
- Emotional distress
- Loss of enjoyment or quality of life
These damages are harder to quantify and insurance companies have tried hard to place limits on these damages in some contexts. While the law is a shifting playing field, these damages can be quite substantial in some cases. This is especially true in cases where the victim had permanent loss of physical function, disfigurement, or loss of limbs.
In most personal injury cases, a plaintiff may recover all of their economic damages and up to $350,000 of non-economic damages regardless of the number of defendants or the number of actions brought by the plaintiff. Okla. Stat. tit. 23 § 61.2
Non-Compensatory Losses and Damages
The other big component of damages is what is known as non-compensatory damages. While economic damages are meant to make a victim whole again under the law, non-compensatory damages are used for other purposes such as to deter the defendant’s bad behavior that led to the injury or to punish the defendant for their previous bad behavior. This type of damage award is often called punitive or exemplary damages.
Punitive damages may be awarded when the fact-finder determines that the defendant acted either in reckless disregard for the rights of others; or with reckless disregard in the case of an insurer’s actions toward its insured party. This usually includes behavior that is wanton, reckless, the result of fraud, or intentional harm,
In all cases in which punitive damages are awarded, they are capped at an amount not to exceed the greater of:
- $100,000.00, or
- the amount of the actual damages awarded. Okla. Stat. tit. 23 § 9.1
Considerations in Punitive Damage Awards
In determining how much to award in punitive damages, the fact-finder may consider:
- The seriousness of the public hazard arising from the defendant’s misconduct;
- The profitability of the misconduct to the defendant;
- The duration of the misconduct and any concealment of it;
- The degree of the defendant’s awareness of the hazard and of its excessiveness;
- The attitude and conduct of the defendant upon discovery of the misconduct or hazard;
- In the case of a defendant which is a corporation or other entity, the number and level of employees involved in causing or concealing the misconduct; and
- The financial condition of the defendant. Okla. Stat. tit. 23 § 9.1
If you think you might be entitled to punitive damages, seek the help of an experienced Tulsa personal injury attorney. Oklahoma law regarding damages continues to evolve and change. It is important to have the help of an experienced Tulsa personal injury attorney when considering damages in any case.
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