Bill > SJR40

This Joint Resolution directs the Secretary of State to put a proposed amendment to the Oklahoma Constitution before the voters for their approval or rejection, which would add a new Section 13 to Article XXIII. This amendment would ensure that there is no limit on compensation for economic loss, which includes financial harms like lost wages and medical expenses, in civil lawsuits for bodily injury. However, it would establish a cap of $350,000 for noneconomic damages, which are non-financial harms such as pain and suffering, mental anguish, and loss of companionship, unless the judge and jury find by clear and convincing evidence that the defendant's actions were reckless, grossly negligent, fraudulent, or intentional with malice. The amendment also outlines specific procedures for how courts and juries should determine and award damages, including requiring juries to provide general verdicts with answers to specific questions about economic and noneconomic damages and the defendant's conduct, and prohibits juries from being informed about the noneconomic damage limit. This proposed amendment would apply to civil actions filed after it takes effect and would not apply to actions brought under The Governmental Tort Claims Act or for wrongful death.