Oregon Personal Injury Law

The following summary of Oregon personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

Oregon Statute of Limitations:

ANY Personal Injury: 2 years.
Medical Malpractice: 2 years and up to 5 years for discovery.
Products Liability: 2 years after plaintiff suffers injury or discovers injury, but in no event more than 8 years.
Wrongful death: 3 years.

Caps on Personal Injury Awards in Oregon:

While there is a $500,000 cap on non-economic damages, the Supreme Court of Oregon has ruled that this is unconstitutional in most cases. In addition, no punitive awards are allowed against health care practitioners.
This does not apply to hospitals.

Lastly, there is no limit on attorneys fees in medical malpractice cases unless the award is for punitive damages in which case the cap is 20%.

Oregon Serious Injury Threshold:

There is no serious injury threshold in the state of Oregon.

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Oregon is a Fault state, which means that an insurance adjuster will first review who is at fault before accepting liability.

Personal Injury Claims & Theories of Liability in Oregon:

Wrongful Death: When a death occurs as a result of the negligence of another, that party may be liable for wrongful death.

Slip and Fall: Slip and fall accidents occur when there is a dangerous condition on the premises of another. Whether the plaintiff recovers however may be limited by the modified comparative negligence theory.

In personal injury cases, fault is apportioned to each individual defendant unless judgment is uncollectable against one defendant, in which case damages are re-apportioned amongst the remaining.

Auto Accidents: When an accident occurs due to the negligence of another, that party will be held liable subject to the limitations of the comparative fault theory.

Medical Malpractice: When a health care professional or hospital is negligent in its administration of care, the health care provider will be liable for medical malpractice. Comparative negligence rarely comes into play here, although it could limit damage awards if it did.

Products Liability: Liability may arise in Oregon if a manufacturer or distributer inserts a product into the stream of commerce and a party is injured as a result.

Workers' Compensation: Oregon’s system of workers compensation is compulsory in that employers are required to carry insurance in the event that an employee is injured in the scope of employment.

For More Information Check out these sites:

Official Oregon State Website

Oregon Division of Insurance

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