If you’ve been seriously hurt, you may have heard that Oregon “caps” what injured people can recover. Here’s the truth, and for most injury victims in Salem and across Oregon, it’s encouraging: in a typical personal injury case, there is no cap on your compensation.
What Oregon Law Actually Says
Oregon once limited noneconomic damages (pain and suffering) to $500,000 under ORS 31.710 (oregonlegislature.gov). But in 2020, the Oregon Supreme Court struck down that cap for personal injury cases in Busch v. McInnis Waste Systems (courts.oregon.gov), ruling it violated the Oregon Constitution’s promise of a remedy for every injured person. Today, that means:
- No cap on economic damages like medical bills and lost wages
- No cap on pain and suffering in standard injury claims
- Juries, not a statute, decide what your suffering is worth
Where Limits Still Exist
A few situations still involve caps or special rules, including:
- Wrongful death claims, where the $500,000 noneconomic cap still applies
- Claims against government entities, which fall under the Oregon Tort Claims Act
- Punitive damages, where a large share of any award goes to the state
Knowing which rules apply to your case takes experience, whether you were hurt in a car accident, a motorcycle crash, or by an uninsured driver.
Get an Honest Answer About Your Case
Lance Youd will tell you what your claim is really worth, not what an insurance company hopes you’ll settle for. Your case review is free, and you pay nothing unless we win. Contact Youd Law today.