There is no fixed formula for an Oregon injury claim, but the factors that drive value are well understood.
Economic Damages
These are your measurable losses: past and future medical bills, lost wages and lost earning capacity, property damage, and out-of-pocket costs. Thorough documentation directly increases this figure.
Non-Economic Damages
Oregon compensates pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. Unlike many states, Oregon's cap on non-economic damages in most injury cases has been held unconstitutional by the Oregon Supreme Court, so these damages are generally not capped for ordinary negligence claims.
How Fault Affects Value
Oregon's modified comparative negligence rule (ORS 31.600) lets you recover damages as long as you are not more than 50% at fault; your award is reduced by your percentage of fault, and at 51% or more you recover nothing. If you are found 20% at fault on a $100,000 claim, you recover $80,000.
Other Value Drivers
- Severity and permanence of the injury
- Clarity of liability
- Available insurance coverage and policy limits
- Quality and consistency of your medical documentation
- Credibility and presentation of the injured person
Have questions about your own situation? Get a free, confidential case review — you pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.