A New Legal Landscape by Richard Harris

In its 2011 session, the Legislature adopted measures commonly called tort reform, which became law Nov 1.
 

Proponents of the new laws believe they will make personal injury lawsuits more fair and less expensive. Whether that occurs remains to be seen, but one thing is clear: Tort reform will significantly change the legal landscape for personal injury cases in Oklahoma.
 

The new tort reform laws include elimination of joint liability, a cap on non-economic damages, limitations on the amount of medical bills permitted into evidence at trial and sanctions against plaintiffs who have failed to carry minimum liability insurance.
 

In the old days the law said if a person was injured by the negligence of two or more wrongdoers, any one of them could be liable for the entire judgment, even if that wrongdoer’s relative fault was minimal. The 2011 amendment eliminated all joint liability of multiple wrongdoers – except when the lawsuit has been brought by the state of Oklahoma. Now, a person who causes injury will be held liable only for the percentage of damages he caused, even if he acted willfully.
 

This new rule could have some dramatic consequences. While it will assure that no one has to pay more than their fair share of damages, it could leave injured plaintiffs without full compensation when the primary wrongdoer does not carry enough insurance.
 

Another important tort reform measure is the cap on non-economic damages, which now provides that the most an injured person can recover for non-economic damages is $350,000. Non-economic damages are those losses other than medical expenses, property loss and lost earnings. Importantly, however, this cap does not apply in wrongful-death cases and can be lifted by the court when the injury was caused intentionally.
 

The new laws also limit what medical expenses can be introduced into evidence.
 

Finally, under the new law, people injured in car wrecks who do not carry minimum liability insurance can only recover medical expenses, property loss and lost income. These individuals, with several exceptions, cannot recover any amount for pain and suffering or other non-economic damages.
 

Court challenges to the constitutionality of these laws are sure to come. However, even if only some of the new laws survive, the legal environment for personal injury litigation in Oklahoma will still be significantly more favorable to the defense than what we have experienced in many years.