Anaya Nolan
Oklahoma law states that state agencies have the power to waive certain damages, fees, and costs. This includes instances where a state agency employee is sued and the state agency may relieve them of all judgments, settlements, costs, or fees arising from the civil lawsuit. However, this does not include punitive or exemplary damages, and the state's immunities remain intact. In the case of wrongful death, a physician cannot request that a pregnant woman waive liability for wrongful death related to an abortion. Additionally, the state or any political subdivision can recover damages from the parents of a minor who commits a criminal or delinquent act resulting in damage to property.
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What You'll Learn
Waiver of immunity for state employees
In Oklahoma, the state, its political subdivisions, and its employees are generally immune from liability for torts under the doctrine of sovereign immunity. However, there are certain circumstances in which this immunity can be waived.
The Oklahoma Governmental Tort Claims Act (OGTCA) was enacted in 1974 and replaced in 1985, and it outlines the circumstances under which the state may waive its immunity for tort claims. It is important to note that the OGTCA contains numerous exemptions from the waiver, and the city or state shall not be liable if the claim falls under one of these exemptions.
For example, punitive damages, which are meant to punish a city or state for its tortious conduct, are generally not allowed under the OGTCA. Additionally, there are liability caps in place for cities with populations above 300,000, currently set at $175,000 per claim and $1 million for any number of claims arising from a single occurrence.
In terms of state employees, Oklahoma law provides that the state may indemnify its employees for actual damages, fees, and costs in certain cases. However, this does not extend to punitive or exemplary damages, and any immunity available to the state under the Eleventh Amendment to the US Constitution is specifically preserved.
To seek indemnification from the state, employees must file an application within 30 days of the final judgment, and the venue for such actions is generally in Oklahoma County. The state may relieve an employee from judgments, settlements, costs, or fees arising from a civil lawsuit, but this information cannot be communicated to any trier of fact in the case of a jury trial.
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Indemnification for state employees
In Oklahoma, the state or a political subdivision may indemnify its employee for actual damages, fees, and costs in any case in which the findings set out in paragraph B of this section have been determined. However, this does not include punitive or exemplary damages. The state or political subdivision shall not be required to indemnify any employee unless they are judicially determined to be entitled to such indemnification and a final judgment is entered.
The venue for actions to determine entitlement to indemnification from the state shall be in Oklahoma County, except that a constitutional state agency, board, or commission may designate another venue in lieu of Oklahoma County. The employee of the state or political subdivision must file an application for indemnification within thirty days of the final judgment, or the right to seek indemnification will be lost.
The maximum aggregate amount of indemnification paid directly from the state or any political subdivision to or on behalf of any employee shall not exceed the maximum figures authorized by the provisions of Section 154 of this title. This is regardless of the number of persons who suffer damage, injury, or death as a result of the occurrence, unless the political subdivision establishes higher limits.
A corporation has the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, whether civil, criminal, administrative, or investigative. This is provided that the person is or was a director, officer, employee, or agent of the corporation and that they acted in good faith and in a manner they reasonably believed to be in the best interests of the corporation.
Additionally, a corporation has the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation against any liability asserted against them. This includes any liability arising out of their status as such, whether or not the corporation would have the power to indemnify them against liability under the provisions of this section.
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Waiver of liability for wrongful death
In Oklahoma, a "wrongful death" is a death caused by "the wrongful act or omission of another". This means that the act or omission would have allowed the deceased to file a personal injury lawsuit had they survived. In a wrongful death lawsuit, the defendant's liability is expressed solely in terms of financial compensation ("damages") awarded to the deceased person's survivors or estate.
In Oklahoma, the law requires the personal representative (sometimes called the "executor") of the deceased person's estate to bring a wrongful death claim to court. The personal representative stands in for both the deceased person and the beneficiaries or heirs of the deceased. If there is no named personal representative, or the named personal representative is unable or unwilling to serve, the court may appoint one.
The damages awarded in a wrongful death lawsuit in Oklahoma include:
- Medical and burial expenses, which are distributed to the person or governmental agency that paid these expenses, or to the decedent's estate if paid by the estate.
- The loss of consortium and the grief of the surviving spouse, which is distributed to the surviving spouse.
- The mental pain and anguish suffered by the decedent, which is distributed to the surviving spouse, children, or next of kin.
- Loss of wages and benefits the deceased would likely have earned if they had lived.
- Punitive damages, which are awarded to punish particularly bad conduct and send a message that egregious behaviour will not be tolerated.
It is important to note that the waiver of liability for wrongful death is not permitted in certain cases. For example, in Oklahoma, liability for wrongful death by a physician cannot be waived by a pregnant woman before performing an abortion. Additionally, the mother of an unborn person cannot be found liable for causing the death of the unborn person unless she has committed a crime that resulted in the death.
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Waiver of immunity for state agencies
In Oklahoma, state agencies have powers and duties with respect to airspace and other property. The state, along with its subdivisions, is also able to take title to property, both real and personal, by gift or purchase.
State agencies in Oklahoma have certain immunities and liabilities. For example, under Oklahoma law, the state or a political subdivision may relieve an employee from all judgments, settlements, costs, or fees arising from a civil lawsuit. However, this fact cannot be communicated to any trier of fact in the case of any trial by jury. Furthermore, nothing in Oklahoma law shall be construed to waive any immunities available to the state under the Eleventh Amendment to the US Constitution. Any immunity or other bar to a civil lawsuit under state or federal law remains in effect.
In terms of damages, in the case of wrongful death, the damages recoverable include medical and burial expenses, which are distributed to the person or governmental agency who paid these expenses. Punitive or exemplary damages may also be recovered and distributed to the surviving spouse, children, or next of kin.
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Waiver of immunity for state subdivisions
In Oklahoma, the state or a political subdivision may indemnify its employee for actual damages, fees, and costs in any case where civil rights violations have been found. However, this does not waive any immunities available to the state under the Eleventh Amendment to the US Constitution.
Oklahoma law also provides for the indemnification of employees of the state or a political subdivision in certain circumstances. An employee must file an application for indemnification within 30 days of the final judgment, or the right to seek indemnification is lost. The venue for actions to determine entitlement to indemnification from the state is in Oklahoma County, except when a constitutional state agency, board, or commission designates another venue.
The state or a political subdivision may relieve an employee from all judgments, settlements, costs, or fees arising from a civil lawsuit. However, this information cannot be communicated to any trier of fact in the case of a jury trial.
In cases where punitive or exemplary damages are included in the total award against an employee of a political subdivision, the indemnification amount for fees and costs does not cover the employee's defence against these damages. Any indemnification judgment against the state shall be an encumbrance against available unencumbered monies in the appropriations of the agency on whose behalf the employee was acting.
Furthermore, Oklahoma statutes outline the powers, privileges, immunities, duties, and liabilities of state agencies and subdivisions. While the courts have limited the state's powers in various fields, the specific laws pertaining to these areas must be considered on a case-by-case basis.
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Frequently asked questions
In Oklahoma, a state or political subdivision may relieve an employee from all judgments, settlements, costs, or fees arising from a civil lawsuit. However, this relief does not waive any immunities available to the state under the Eleventh Amendment.
In Oklahoma, the personal representative of someone whose death was caused by the wrongful act or omission of another may bring an action for damages within two years. Damages recoverable include medical and burial expenses. Liability for wrongful death by a physician cannot be waived by the pregnant woman prior to an abortion.
Punitive or exemplary damages may be recovered in certain cases, such as when the defendant has acted intentionally and with malice. However, the total amount of fees and costs for which indemnification may be allowed shall be limited to the percentage of actual damages in the total award.
Yes, there are specific laws regarding fees charged to state agencies or taxing entities in Oklahoma. These laws are outlined in the state's statutes and cover various topics related to state agencies.
