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Discovery Process

Personal Injury Deposition in Oregon

A deposition is sworn out-of-court testimony taken during the discovery phase of yourOregon personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Modified comparative fault (51% bar)

Fault System

$15,000 – $65,000

Avg Settlement

2 years

Filing Deadline

Deposition Tips for Oregon Injury Cases

Tell the Truth

You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.

Listen Carefully

Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.

Take Your Time

Pause before answering. Your attorney can object before you respond. Never rush.

Say "I Don't Know"

If you genuinely do not remember or know, say so. Guessing can be used against you.

Review Records First

Review your medical records, accident report, and prior statements with your attorney before the deposition.

Fault Is Key

Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.

Oregon Law Overview

Oregon applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies to most personal injury claims. Oregon does not mandate no-fault PIP coverage, though it is available optionally. Oregon's outdoor recreation industry — hiking, skiing, white-water rafting — generates distinctive personal injury litigation. Portland and the Willamette Valley corridor see significant personal injury caseloads. Oregon has no general cap on compensatory damages. Oregon's Economic Damages Act defines recoverable economic losses, while noneconomic damages including pain and suffering are fully recoverable in most cases. Medical malpractice cases in Oregon have a 2-year statute of limitations with a discovery rule. Oregon does not cap punitive damages by statute, but the Oregon Supreme Court has struck down excessive punitive awards on due process grounds. Oregon's Dram Shop Act creates liability for commercial vendors who serve visibly intoxicated patrons who subsequently injure third parties.

Legal Injury GuideFor informational purposes only. Not legal advice. Consult a licensed attorney.