Future Damages in Oregon
In Oregon, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Oregon
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Oregon allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Oregon Injury Law
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.