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Oklahoma · fracture

Fracture settlements
in Oklahoma.

By 6 min read

Oklahoma applies modified-51 comparative fault. The state non-economic cap was struck down in 2019 and re-imposed by 2024 legislation. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Oklahoma's modified comparative — 51% bar and any applicable statutory cap.

Oklahoma applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.

Oklahoma's caps (non-economic damages cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Oklahoma's fault rule and any applicable cap then adjust the figure.

OK · statute of limitations
2 years from date of injury

Okla. Stat. tit. 12, § 95

OK · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

OK · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Oklahoma.

fracture · same region & fault regime

Compare to like jurisdictions.

How Oklahoma's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Oklahoma · you are hereModified comparative — 51% bar2 years from date of injury
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture
New MexicoPure comparative negligence3 years from date of injuryNM · fracture
OregonModified comparative — 51% bar2 years from date of injuryOR · fracture
PennsylvaniaModified comparative — 51% bar2 years from date of injuryPA · fracture
South CarolinaModified comparative — 51% bar3 years from date of injurySC · fracture
TexasModified comparative — 51% bar2 years from date of injuryTX · fracture
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture
South DakotaPure comparative negligence3 years from date of injurySD · fracture
TennesseeModified comparative — 50% bar1 year from date of injury — among the shortest in the USTN · fracture
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture
VermontModified comparative — 51% bar3 years from date of injuryVT · fracture
VirginiaPure contributory negligence2 years from date of injuryVA · fracture
OK · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Oklahoma's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Oklahoma. See /methodology, /sources, and /disclaimer.