Oregon law

Personal Injury Laws in Oregon.

Oregon follows a modified comparative fault system with a 51% bar — you can recover only if your fault is not greater than the combined fault of all defendants. The general statute of limitations for personal injury is 2 years. Oregon has no cap on noneconomic damages for personal injury after the Oregon Supreme Court struck down the cap in Busch v. McInnis (2020), though a $500,000 cap remains for wrongful death. Oregon is a fault-based auto insurance state with 25/50/20 minimum liability limits and mandatory $15,000 PIP coverage.

Last verified: 2026-02-25

State law

Statute of Limitations

2 yearsORS § 12.110

Personal injury actions must be filed within 2 years from the date of injury. This applies to negligence, assault, battery, and most other tort claims.

Exceptions

Discovery Rule — 2 years from discovery; 5-year reposeORS § 12.110(4)

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 — 3 years from date of deathORS § 30.020

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

Minors — Tolled until age 18ORS § 12.160

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 — 2 years; 10-year useful safe life reposeORS §§ 12.110, 30.905

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.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)ORS § 31.600

Your recovery is reduced by your percentage of fault. If your fault is greater than the combined fault of all defendants, you are completely barred from recovery. Oregon retains joint and several liability for economic damages when a defendant is 15% or more at fault.

State law

Damage Caps

Non-Economic Damages (General PI): No capBusch v. McInnis, 366 Or. 639 (2020)

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.

Non-Economic Damages (Wrongful Death): $500,000ORS § 31.710(1)

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.

Punitive Damages: No statutory cap; 60% to stateORS § 31.735

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.

State law

Auto Insurance System

Fault (Tort) with Mandatory PIPORS §§ 742.450, 742.520

Oregon is a fault-based auto insurance state with mandatory PIP. Minimum liability coverage is 25/50/20 ($25,000 per person, $50,000 per accident for bodily injury, $20,000 for property damage). All policies must include $15,000 in PIP coverage for medical expenses regardless of fault.

State law

Key Oregon Statutes

Joint and Several Liability (Limited)ORS § 31.610

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.

Uninsured/Underinsured Motorist CoverageORS § 742.504

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.

State law

Official Sources

Oregon Legislature — Revised Statutes Busch v. McInnis, 366 Or. 639 (2020)

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oregon.

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Key Oregon Statutes

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