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Oklahoma Legislature· HB 2932Referred to Rules

An act relating to damages, the official text

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1                   STATE OF OKLAHOMA

2            2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 2932                  By: Tedford

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5

6                   AS INTRODUCED

7   An Act relating to damages; amending Section 10,

    Chapter 311, O.S.L. 2025 (23 O.S. Supp. 2025, Section

8   61.3), which relates to economic and noneconomic loss

    compensation for bodily injury claims; establishing

9   limitation on award; limiting recovery of bodily

    injury and property damage for failure to comply with

10  mandatory liability insurance; establishing which

    party shall be held liable for court costs;

11  clarifying act does not affect subrogation rights;

    clarifying claimant's insurer shall have rights to

12  recover certain sums; providing for codification; and

    providing an effective date.

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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

17  SECTION 1.      AMENDATORY     Section 10, Chapter 311, O.S.L.

18 2025 (23 O.S. Supp. 2025, Section 61.3), is amended to read as

19 follows:

20  Section 61.3. A. As used in this section:

21  1. "Bodily injury" means actual physical injury to the body of

22 a person and sickness or disease resulting therefrom;

23  2. "Economic damages" means any type of pecuniary harm

24 including, but not limited to:

    Req. No. 14072                                                 Page 1
1   a. all wages, salaries, or other compensation lost as a

2              result of a bodily injury that is the subject of a

3              civil action,

4   b. all costs incurred for medical care or treatment,

5              rehabilitation services, or other care, treatment,

6              services, products, or accommodations as a result of a

7              bodily injury that is the subject of a civil action,

8              or

9   c. any other costs incurred as a result of a bodily

10             injury that is the subject of a civil action;

11  3. "Fraudulent" or "fraud" means "actual fraud" as defined

12 pursuant to Section 58 of Title 15 of the Oklahoma Statutes;

13  4. "Gross negligence" means the want of slight care and

14 diligence;

15  5. "Malice" involves hatred, spite, or ill will, or the doing

16 of a wrongful act intentionally without just cause or excuse;

17  6. "Noneconomic damages" means nonpecuniary harm that arises

18 from a bodily injury that is the subject of a civil action,

19 including damages for:

20  a. pain and suffering,

21  b. loss of society, consortium, companionship, care,

22             assistance, attention, protection, advice, guidance,

23             counsel, instruction, training, or education,

24  c. disfigurement,

    Req. No. 14072                                                Page 2
1           d. mental anguish, and

2           e. any other intangible loss; and

3   7. "Reckless disregard of another's rights" shall have the same

4 meaning as willful and wanton conduct and shall mean that the

5 defendant was either aware, or did not care, that there was a

6 substantial and unnecessary risk that his, her, or its conduct would

7 cause serious injury to others. In order for the conduct to be in

8 reckless disregard of another's rights, it must have been

9 unreasonable under the circumstances and there must have been a high

10 probability that the conduct would cause serious harm to another

11 person.

12  B. In any civil action arising from a claimed bodily injury,

13 the amount of compensation which the trier of fact may award a

14 plaintiff for economic loss shall not be subject to any limitation

15 other than the limitation on damages in Section 2 of this act.

16  C. 1. Except as provided in paragraph 2 of this subsection, in

17 any civil action arising from a claimed bodily injury, the amount of

18 compensation which a trier of fact may award a plaintiff for

19 noneconomic loss shall not exceed Five Hundred Thousand Dollars

20 ($500,000.00), regardless of the number of parties against whom the

21 action is brought or the number of actions brought.

22  2. If the trier of fact finds that a plaintiff has suffered

23 permanent and severe physical injury, including a substantial

24 physical abnormality or disfigurement, loss of use of a limb, or

    Req. No. 14072                                                  Page 3
1 loss of or substantial impairment to a major body organ or system,

2 or an injury of any type that renders the plaintiff incapable of

3 being able to independently care for himself or herself or perform

4 life-sustaining activities, there shall be no limit on the amount of

5 compensation that a trier of fact may award the plaintiff for

6 noneconomic loss.

7   D. If the trier of fact finds that a plaintiff has suffered a

8 permanent mental injury that itself severely impairs the plaintiff's

9 ability to be employed or enjoy a reasonable standard of living, the

10 amount of compensation that a trier of fact may award a plaintiff

11 for noneconomic loss shall not exceed One Million Dollars

12 ($1,000,000.00), regardless of the number of parties against whom

13 the action is brought or the number of actions brought.

14  E. Notwithstanding subsection C or D of this section, there

15 shall be no limit on the amount of noneconomic damages that the

16 trier of fact may award the plaintiff in a civil action arising from

17 a claimed bodily injury resulting from negligence if the judge and

18 jury find, by clear and convincing evidence, that the defendant's

19 acts or failures to act were:

20  1. In reckless disregard for the rights of others;

21  2. Grossly negligent;

22  3. Fraudulent; or

23  4. Intentional or with malice.

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    Req. No. 14072                                                  Page 4
1   F. In the trial of a civil action arising from claimed bodily

2 injury, if the verdict is for the plaintiff, the court, in a nonjury

3 trial, shall make findings of fact, and the jury, in a trial by

4 jury, shall return a general verdict accompanied by answers to

5 interrogatories, which shall specify all of the following:

6   1. The total compensatory damages recoverable by the plaintiff;

7   2. That portion of the total compensatory damages representing

8 the plaintiff's economic loss;

9   3. That portion of the total compensatory damages representing

10 the plaintiff's noneconomic loss; and

11  4. If alleged, whether the conduct of the defendant was or

12 amounted to:

13  a. reckless disregard for the rights of others,

14  b. gross negligence,

15  c. fraud, or

16  d. intentional or malicious conduct.

17  G. This section shall not apply to actions brought under The

18 Governmental Tort Claims Act or actions brought pursuant to Section

19 7 of Article XXIII of the Oklahoma Constitution.

20  H. This section shall apply to injuries occurring on or after

21 the effective date of this act.

22  SECTION 2.      NEW LAW       A new section of law to be codified

23 in the Oklahoma Statutes as Section 61.4 of Title 23, unless there

24 is created a duplication in numbering, reads as follows:

    Req. No. 14072                                                 Page 5
1   A. There shall be no recovery for the first One Hundred

2 Thousand Dollars ($100,000.00) of bodily injury and no recovery for

3 the first One Hundred Thousand Dollars ($100,000.00) of property

4 damage based on any cause or right of action arising out of a motor

5 vehicle accident, for such injury or damages occasioned by an owner

6 or operator of a motor vehicle involved in such accident who fails

7 to own or maintain liability insurance in compliance with Section 7-

8 601 of Title 47 of the Oklahoma Statutes.

9   B. If the owner of a motor vehicle, who fails to own or

10 maintain liability insurance in compliance with Section 7-601 of

11 Title 47 of the Oklahoma Statutes, institutes an action to recover

12 damages in any amount, regardless of whether such owner or operator

13 is at fault, and is awarded an amount equal to or less than One

14 Hundred Thousand Dollars ($100,000.00) of bodily injury, then such

15 owner or operator shall be assessed and held liable for all court

16 costs incurred by all parties to the action.

17  C. 1. Notwithstanding any provision of law to the contrary, no

18 insurer shall lose any rights of subrogation for claims paid under

19 the applicable insurance policy for the recovery of any sum in

20 excess of the first One Hundred Thousand Dollars ($100,000.00) of

21 bodily injury and the first One Hundred Thousand Dollars

22 ($100,000.00) of property damages;

23  2. In claims where no suit is filed, the claimant's insurer

24 shall have all rights to recover any amount paid by the claimant's

    Req. No. 14072                                                  Page 6
1 insurer on behalf of the insured for the recovery of any sum in

2 excess of the first One Hundred Thousand Dollars ($100,000.00) of

3 bodily injury and the first One Hundred Thousand Dollars

4 ($100,000.00) of property damages.

5   SECTION 3. This act shall become effective November 1, 2026.

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7   60-2-14072      MJ  11/19/25

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    Req. No. 14072                                                 Page 7
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