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Modified comparative fault

Oregon Personal Injury Law

📍 Capital: Salem · Statute: ORS § 12.110

2 years Filing deadline
51% bar Fault system
$60,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in Oregon

Oregon uses a modified comparative fault system with a 51% threshold. The state has no cap on most compensatory damages and a 2-year statute of limitations for personal injury claims. Medical malpractice has a 2-year limit from discovery.

This guide covers the most important rules for personal injury claims in Oregon, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Oregon attorney for your specific situation.

Key Oregon Personal Injury Statutes

ORS § 12.110 (SOL)
ORS § 31.600 (comparative fault)
ORS § 30.020 (wrongful death)

Most Common Personal Injury Cases in Oregon

Car Accidents
Slip & Fall
Medical Malpractice
Workplace Injury
Product Liability

Oregon Damages Caps & Average Settlements

Damages Rule No cap on most compensatory damages
Average Settlement $60,000–$250,000
Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Oregon.

Frequently Asked Questions — Oregon Injury Law

How long do I have to file a claim in Oregon?

In Oregon, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: ORS § 12.110.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Oregon attorney to confirm your deadline.

What is Oregon's fault system?

Oregon uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in Oregon?

Oregon damage rules: No cap on most compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Oregon?

Personal injury settlements in Oregon average approximately $60,000–$250,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Oregon attorney →

Injured in Oregon? Get Help Now.

Personal injury laws in Oregon can be complex and deadlines are strict. A qualified Oregon personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Oregon attorney for legal advice.