Oregon Injury Claim Rules

Rules cited to Oregon’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Or. Rev. Stat. § 31.600
Filing deadline2 yearsFrom the date of the injury.Or. Rev. Stat. § 12.110
Minimum insurance25/50/20Per person, per crash, property. Oregon is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Oregon: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Oregon is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 51% bar rule sets how much your own share of fault costs you.

Oregon injury claim rules

Fault. Oregon uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Oregon is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $20,000 for property damage, written 25/50/20. Oregon also requires $15,000 of PIP, but it is not a no-fault state. Uninsured motorist coverage is also required.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for economic damages (such as medical bills) from a dog bite. Pain and suffering requires the usual negligence or one-bite proof.

Oregon injury claim questions

Can I still get a settlement in Oregon if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

How long do I have to file a personal injury lawsuit in Oregon?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Oregon cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.