Oregon is unusually favorable to injured people on non-economic damages.
What Counts as Non-Economic Damage
These cover the human costs that have no receipt: physical pain, mental anguish, inconvenience, disfigurement, and the loss of the ability to enjoy daily life and relationships.
The Cap That Wasn't
Oregon's legislature enacted a $500,000 cap on non-economic damages, but in a line of decisions the Oregon Supreme Court (notably Busch v. McInnis Waste Systems) held the cap unconstitutional as applied to many personal injury and wrongful death claims under the state constitution's remedy clause. The practical result is that ordinary negligence claims are generally not subject to that cap.
How These Damages Are Proven
Testimony from the injured person, family, and treating providers, combined with the medical record, establishes the impact. Consistency between what you report and what your records show is critical.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.