The Limit on Damages for Pain and Suffering
Until fairly recently, Oklahoma had a statute that placed a cap or limitation on non-economic damages which included pain and suffering in all personal injury lawsuits. The statute in question placed a cap on these damages at $350,000. Okla. Stat. tit. 23 § 61.2. Oklahoma’s Supreme Court held this cap to be unconstitutional in 2019 in Beason v. I.E Miller Services Inc. There is now no limit on damages for pain and suffering in personal injury cases in Oklahoma. This mirrors the prohibition on caps for pain and suffering in Oklahoma wrongful death cases.
Understanding Non-Economic Damages
Economic damages, such as medical expenses, funeral expenses, lost wages, and the like, are meant to reimburse a plaintiff for financial losses suffered in an accident that causes injury to the plaintiff. But a plaintiff’s injuries involve so much more than just financial losses. An injured plaintiff has pain, suffering, emotional distress, loss of companionship, and other losses to their quality of life. These losses are considered to be non-economic losses as they are not tied to a specific dollar amount. Non-economic damages are often a large and important part of a plaintiff’s recovery against a culpable defendant.
How Beason Changed the Damages Landscape in Oklahoma
Imagine being involved in a horrific industrial accident in which a boom, improperly loaded by the defendant, falls off a crane and hits you. As a result, you suffered a life-threatening brachial-plexus injury which tears the nerves connecting your spinal cord to your left shoulder, arm, and hand. After undergoing multiple surgeries, two amputations and months of medical treatment, your condition stabilizes. You will now require lifelong medical care and pain management going forward. This is what happened to Todd Beason, a married father of three children.
Beason contacted an Oklahoma construction accident attorney and filed suit. In addition to economic damages, Beason was awarded $5 million in non-economic damages. His wife was awarded $1 million in noneconomic damages. The defendants appealed the awards citing a $350 damages cap on non-economic damages in cases involving non-fatal injuries. The awards were reduced in accordance with the limitations outlined in the statute. Beason appealed to the Oklahoma Supreme Court.
Oklahoma’s Long-Standing Refusal to Cap Damages in Wrongful Death Cases
Oklahoma has a long history of refusing to impose limitations on damages in wrongful death cases. Oklahoma’s Constitution explicitly prohibits a damages cap in cases of injuries that result in death. Oklahoma’s Supreme Court held that 23 O.S. § 61.2 improperly distinguished between those who survive a major accident and those who died from that same accident. This unequal treatment was deemed to be unreasonable and therefore, unconstitutional. The victims of both situations are now treated equally under the law.
As a result, from then on forward, Oklahoma has recognized no limit on damages for pain and suffering for survivors of major accidents.
How This Impacts Damages in Personal Injury Cases
While plaintiffs can breathe a sigh of relief, it is likely that defendants, especially those with deep pockets, will be on the hook for more money in personal injury cases. Some insurers will likely dig in their heels and litigate these cases more vigorously. Others will likely try to resolve cases earlier.
Cases with complex damages should always be handled by an experienced Tulsa personal injury attorney. Non-economic damage awards are at the discretion of the jury and juries can be unpredictable. The stronger the case, the more likely an award.
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