Lost Wages in a Oregon Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Oregon, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
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
What Lost Wages You Can Recover in Oregon
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Oregon
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.