Oklahoma

Find an Attorney in Oklahoma

Oklahoma pairs 51% modified comparative fault with a 2-year personal-injury SOL and a workers’ comp system that has been substantially restructured in the past decade. Whether you’re in Oklahoma County, Tulsa, or rural Oklahoma, knowing the doctrine matters.

Practice areas in Oklahoma

Common questions about Oklahoma attorneys

Two years from the date of injury under 12 O.S. § 95(3) for most negligence claims. Claims against governmental entities require a notice under the Governmental Tort Claims Act (51 O.S. § 156). Medical malpractice has the same 2-year SOL with limited discovery-rule extensions under 12 O.S. § 95(I).
Currently no statutory cap on non-economic damages after Beason v. I.E. Miller Services (2019), where the Oklahoma Supreme Court struck down the $350K cap as a special law violating the state constitution. Punitive damages caps under 23 O.S. § 9.1 still apply (ranging from compensatory damages to 2x compensatory plus $500K, depending on the conduct). The affidavit of merit requirement under 76 O.S. § 19 remains in effect.
Under 12 O.S. § 832, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages to each party, and your damages are reduced by your share. Oklahoma has had comparative fault since 1973.
The 2013 reforms moved Oklahoma from a Workers’ Compensation Court (judicial system) to an Administrative Workers’ Compensation Commission (administrative system) under 85A O.S. The reforms changed how benefits are calculated, restricted certain claim types, and limited attorney fees. The transition was the largest workers’ comp restructuring of any state in decades. Pre-2014 claims still run under the older 85 O.S. framework.
Oklahoma takes one of the most restrictive views on non-competes nationally. 15 O.S. § 219A voids most non-competes except a narrow exception for customer non-solicitation. Howard v. Nitro-Lift Technologies confirmed the state’s strong public-policy stance against non-competes. Employers seeking to protect business interests rely more on trade-secret claims and confidentiality agreements.

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