Oregon Personal Injury Laws

When an injury is not discovered and could not reasonably have been discovered at the time it occurred, the statute runs from the date of discovery. An absolute 5-year statute of repose applies from the date of the act or omission.

Wrongful death claims must be filed within 3 years of the date of death.

If the injured person is a minor at the time the cause of action accrues, the statute of limitations is tolled until they reach age 18.

Product liability claims must be filed within 2 years of injury. A 10-year statute of repose applies based on the product's expected useful safe life.

The Oregon Supreme Court struck down the statutory noneconomic damage cap (formerly ORS § 31.710) as unconstitutional under the Oregon Constitution's remedy clause (Article I, § 10) in Busch v. McInnis (2020). There is no cap on noneconomic damages in personal injury cases.

The $500,000 cap on noneconomic damages in wrongful death cases survived the Busch decision because wrongful death claims are statutory (not common law) and thus not protected by the remedy clause.

Oregon has no dollar cap on punitive damages, but 60% of any punitive damage award goes to the State of Oregon Crime Victims' Compensation Fund. The remaining 40% goes to the plaintiff. Punitive damages require clear and convincing evidence of malice or reckless disregard.

Defendants who are 15% or more at fault are jointly and severally liable for economic damages. Defendants less than 15% at fault pay only their proportional share. Noneconomic damages are always proportional.

All auto policies must include UM/UIM coverage at limits equal to the policy's liability limits unless the insured specifically rejects or selects lower limits in writing.