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★ Oklahoma · fracture

Fracture settlements
in Oklahoma.

By Reviewed by Abd Shanti, Founder9 min read

An Oklahoma fall case shows the 51% bar at work. A woman broke her hip at a restaurant, and the jury found her 74% at fault, which under Oklahoma law meant she recovered nothing at all.

Facts that decide a fracture claim in Oklahoma

Fault ruleYour own negligence does not bar recovery unless it is of greater degree than the defendants’ negligence, so a 51% share bars you and a smaller share reduces the award.23 O.S. § 13, as quoted in Edwards v. McKee (Okla. Civ. App. 2003)
Deadline to sueTwo years for an action for injury to the rights of another not arising on contract.12 O.S. § 95(A)(3), as applied in Hough Oilfield Service v. Newton, 2017 OK CIV APP 31
Cap on pain and sufferingThe statutory $350,000 noneconomic cap was struck down in 2019 as an unconstitutional special law.Beason v. I. E. Miller Services (Okla. 2019), holding 23 O.S. § 61.2(B)-(F) void
Claims against public bodiesNotice within 1 year; damages capped at $250,000 per claimant, and $375,000 for the state and for cities or counties of 150,000 or more since 1 November 2025.51 O.S. §§ 156, 154, in the MyClaimWorth notice of claim chart
Juror nondisclosureA trial court may look into a juror’s undisclosed litigation history to decide whether it affected a party’s rights before granting a new trial.Beyrer v. The Mule (Okla. 2021)
united states · sister site
Your fracture claim in Oklahoma. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ OK · reported fracture outcomes

What Oklahoma courts have awarded.

Real Oklahoma decisions and verdicts, each linked to the court record or official report.

  • Beyrer v. The Mule
    Oklahoma Supreme Court · 2021
    Jury found plaintiff 74% at fault; no damages

    A woman visiting a restaurant with her sister fell and fractured her hip. At the 2019 trial the jury assigned 74% of the negligence to her and awarded no damages. She sought a new trial because the jury foreman had not disclosed his own litigation history; the Supreme Court upheld the denial of a new trial.

  • Rogers v. Mercy Health Center
    Oklahoma Court of Civil Appeals · 2014
    Defense verdict reversed, new trial ordered

    A patient aspirated during a transfer between hospital units and later died. Her family relied on the example of a patient who falls and breaks a leg, arm, or hip while being moved by nursing staff, and the appeals court held a res ipsa loquitur instruction should have been given, ordering a new trial.

★ OK · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Oklahoma.

  1. 1

    In Oklahoma the fault percentage decides whether there is any recovery. Beyrer is the starkest example: a fractured hip and a jury finding the woman 74% responsible meant she recovered nothing. Evidence about lighting, flooring, warnings, and what the business knew is what moves that percentage.

  2. 2

    Falls during medical care follow different reasoning. Where a patient is injured while under staff control, such as during a transfer, Rogers shows res ipsa loquitur may let the jury infer negligence without direct proof of what went wrong.

  3. 3

    Falls on public property carry a one year notice deadline and a damages cap, so a fracture on a city sidewalk has to be handled far faster than one in a store.

★ 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 DakotaSlight versus gross 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.

united states · sister site
Hurt in a car crash in Oklahoma? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-28.

★ all of OK
Oklahoma overview

Fault rule, statute, caps, and key facts for Oklahoma as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Oklahoma. See /methodology, /sources, and /disclaimer.