Oregon Personal Injury Law Resources

Oregon is an at-fault state with a two-year statute of limitations, modified comparative fault with a 51% bar, and no caps on damages in most personal injury cases. However, wrongful death non-economic damages are capped at $500,000, and government liability is subject to inflation-adjusted caps. Oregon is unique in that while it is an at-fault state, it also requires mandatory PIP coverage providing first-party medical expense coverage regardless of fault. Auto insurance minimums are 25/50/20, and UM/UIM coverage is mandatory.

Statute of Limitations

General Personal Injury TWO Years

Oregon provides a two-year statute of limitations for most personal injury claims under ORS 12.110. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Three years from the date of death under ORS 30.020.

Medical malpractice: Two years from discovery, with a five-year statute of repose from the date of treatment (unless fraud, deceit, or intentional concealment occurred).

Product liability: Two years from discovery, with a ten-year statute of repose from the date of first purchase.

Property damage: Six years.

Government Claims 180-Day Notice

Claims against the state or a political subdivision under the Oregon Tort Claims Act require written notice within 180 days of the injury for most personal injury claims. Wrongful death claims against the government require notice within one year of death. The notice must precede the filing of any lawsuit.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies when the injury or its cause is not immediately apparent, subject to the applicable statute of repose.

Modified Comparative Fault (51% Bar)

Oregon follows a modified comparative fault rule under ORS 31.600. A plaintiff whose fault is greater than the combined fault of all other parties is barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault. At exactly 50%, the plaintiff can recover (unlike some states where 50% is the bar).

Oregon compares the plaintiff's fault against the combined fault of all defendants, third-party defendants, and settling parties.

Damage Caps

No General Personal Injury Caps

Oregon imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, medical malpractice, or product liability.

Wrongful Death $500,000 Non-Economic Cap

Non-economic damages in wrongful death cases are capped at $500,000 under ORS 31.710.

Punitive Damages

Oregon has no statutory cap on punitive damages, but 60% of any punitive damage award goes to the State of Oregon's Criminal Injuries Compensation Account, with only 40% going to the plaintiff (after attorney fees).

Government Liability Caps (Inflation-Adjusted)

Under the Oregon Tort Claims Act, liability caps are adjusted annually. For injuries occurring July 1, 2023 through June 30, 2024:

State government: $2,490,600 per claimant / $4,981,300 per occurrence (ORS 30.271)

Local government: $830,300 per claimant / $1,660,400 per occurrence (ORS 30.272)

Property damage (state or local): $136,200 per claimant / $680,900 per occurrence (ORS 30.273)

These caps are updated annually by the Oregon Office of the State Court Administrator.

Auto Insurance Requirements

Oregon is an at-fault (tort) state, but with mandatory PIP.

Liability Minimums 25/50/20

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $20,000 per accident for property damage

Mandatory PIP Coverage

Oregon requires Personal Injury Protection (PIP) coverage on all auto insurance policies. PIP covers medical expenses, lost wages, and essential services for the insured, regardless of fault. Minimum PIP coverage is $15,000 per person. PIP provides first-party benefits but does not limit the right to sue the at-fault driver Oregon is not a no-fault state.

Mandatory UM/UIM Coverage 25/50

Uninsured/Underinsured Motorist (UM/UIM) coverage is mandatory at minimum limits of $25,000 per person / $50,000 per accident.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Oregon are filed in Circuit Court, the state's trial court of general jurisdiction. Oregon has 36 counties organized into 27 judicial districts. Small Claims Court handles cases up to $10,000.

Multnomah County (Portland), Washington County, Clackamas County, Lane County (Eugene), and Marion County (Salem) handle the highest volumes of personal injury litigation. Multnomah County has historically been among the more plaintiff-friendly jurisdictions in the Pacific Northwest.

Common Types of Personal Injury Cases in Oregon

Oregon's diverse geography, outdoor recreation culture, growing urban areas, timber industry, maritime activity, and weather conditions generate varied personal injury litigation. Common case types include motor vehicle accidents (particularly on I-5, I-84, US 101, and US 97), commercial truck accidents (I-5 is a major West Coast freight corridor), motorcycle accidents, bicycle accidents (Portland is one of the most bicycle-heavy cities in the nation), pedestrian accidents (especially in Portland), premises liability (including slip-and-fall and winter weather injuries), medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, maritime and fishing industry injuries (commercial fishing on the Oregon coast), timber and logging injuries, nursing home abuse, dog bites (Oregon follows a statutory strict liability rule for dog bites ORS 31.360), recreational and outdoor injuries (hiking, skiing, river activities), TriMet transit injuries, and wildfire-related injuries and property damage claims.

This page provides general legal information about Oregon personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Oregon to discuss the specific facts of your case.