SB 1065: Damages; increasing maximum limitation on compensation for noneconomic loss. Effective date. - Oklahoma

Proposed Policy Committee Substitute 1 → Floor (Senate) · 4 edits

MODERATE

This bill amends Oklahoma's damages law by removing the $350,000 cap on noneconomic damages in cases where the defendant's conduct was reckless, grossly negligent, fraudulent, or intentional. It also clarifies that the cap does not apply to cases involving these higher levels of fault and updates the effective date to November 1, 2025.

Scope change

The bill expands the scope by eliminating the $350,000 noneconomic damages cap for cases involving reckless disregard, gross negligence, fraud, or intentional conduct, allowing juries to award higher damages in these circumstances.

ELIGIBILITY

Removed the $350,000 noneconomic damages cap for cases where the defendant acted with reckless disregard, gross negligence, fraud, or intentional conduct.

DEFINITION

Clarified definitions of 'reckless disregard,' 'gross negligence,' 'fraud,' and 'malice' to establish clear standards for when the higher damages cap applies.

TIMELINE

Updated the effective date from November 1, 2011 to November 1, 2025.

REQUIREMENT

Added requirements for judges and juries to make specific findings about the nature of the defendant's conduct before determining if the higher damages cap applies.

Engrossed → Proposed Policy Committee Substitute 1 · 4 edits

MODERATE

The bill was completely rewritten by the Policy Committee to increase the maximum noneconomic damages cap from $350,000 to $500,000 and remove the requirement for judges to make specific factual findings before juries can consider higher damages. This change makes it easier for plaintiffs to recover higher damages in negligence cases while maintaining the same exceptions for intentional misconduct.

Scope change

The bill's scope remains the same - it still applies to civil actions for bodily injury in Oklahoma - but the substantive rules for calculating damages have been modified to allow higher awards.

REQUIREMENT

Removed the requirement that judges must make specific factual findings about defendant conduct before juries can consider damages above the standard cap.

Increased the maximum noneconomic damages cap from $350,000 to $500,000 for standard negligence cases.

TIMELINE

Changed the effective date from November 1, 2011 to November 1, 2025.

DEFINITION

Updated formatting and capitalization in definitions section, though the substantive definitions remain unchanged.

Introduced → Engrossed · 4 edits · Mar 24, 2025

MODERATE

This bill amends Oklahoma's noneconomic damages cap in personal injury cases, increasing the limit from $350,000 to $500,000 and updating the effective date to November 1, 2025. The changes also add a new subsection clarifying when the damages cap does not apply and update the effective date language to reflect the new year.

Scope change

The bill expands the noneconomic damages cap from $350,000 to $500,000 for civil actions involving bodily injury, while maintaining the same exceptions for cases involving reckless disregard, gross negligence, fraud, or intentional/malicious conduct.

THRESHOLDS

Increased the noneconomic damages cap from $350,000 to $500,000 in civil actions for bodily injury.

TIMELINE

Updated the effective date from November 1, 2011 to November 1, 2025, and added a new subsection clarifying the effective date.

REQUIREMENT

Added a new subsection I clarifying that the section applies to civil actions filed on or after November 1, 2025.

TECHNICAL

Updated formatting and page numbering from 'Introduced' version to 'Engrossed' version, including changes to bill header information and sponsor attribution.

Damages; increasing maximum limitation on compensation for noneconomic loss. Effective date.

What changed between versions

How they voted

Actions timeline

Sponsors