Types of Damages and Damage Caps in a Personal Injury Case in Oklahoma City
If you have been injured by the negligence of another party in Oklahoma, you may be thinking about filing a personal injury case to recover compensation for your losses. Before you invest your time and money, however, it is important to understand the types of damages you may be able to recover, as well as whether or not there are any caps on those damages. Here’s what you need to know:
Types of Damages Recoverable in an Oklahoma City Personal Injury Case
There are two main types of damages available in a personal injury case: compensatory damages and non-compensatory damages. Compensatory damages, which are damages designed to compensate the victim, are further broken down into two categories:
- Economic damages. Economic damages are damages for real-money losses, such as the costs incurred as a result of lost wages and loss of earning capacity, medical expenses, and other expenses brought about as a direct result of the accident and injury.
- Noneconomic damages. Noneconomic damages are designed to compensate the victim for noneconomic harm they have suffered, such as the value of their pain, suffering, and mental anguish.
There are also non-compensatory damages available, called punitive damages or exemplary damages. These damages are not meant to compensate the victim, but instead are designed to punish the defendant. Punitive damages are only available when the defendant’s conduct is egregious, and are therefore not always awarded.
Caps on Damages
While a plaintiff may recover the full value of their economic damages in an Oklahoma City personal injury case, there are caps on noneconomic damages in the state. The cap on noneconomic damages can be found in section 23-61.2 of Oklahoma Code. Punitive damages are also capped in the state in an amount that cannot exceed $100,000 or the amount of actual damages awarded, as found in Oklahoma code section 23-9.1.
What’s My Case Worth?
It is impossible to know what your case is worth without a thorough investigation into the cause of your accident, as well as the extent of your injuries. Further, it is impossible to know how negotiations will play out, or what a court may decide if the case is litigated. If an attorney promises you millions of dollars, you should work with someone else.
When you contact Owens Law Offices, PC, our experienced Oklahoma City personal injury lawyers will review your case for free, and provide you with an educated estimate of what you may be able to recover, and whether or not pursuing a claim is worth it. To schedule a free consultation, contact us now by phone or online.