What is the statute of limitations for personal injury claims in Oregon?

2 years from date of injury. Source: Or. Rev. Stat. § 12.110. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Oregon?

Oregon does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.

Does Oregon operate a no-fault auto insurance scheme?

Oregon applies partial no-fault provisions. Limited PIP-style first-party benefits may be required, but the underlying tort right is preserved.

How are settlements typically valued in Oregon?

Practitioners and adjusters in Oregon value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.

Should I hire a Oregon attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Oregon's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Oregon personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · West

Personal injury in
Oregon.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Oregon applies modified-51 comparative fault. The state's non-economic damages cap was struck down by the Oregon Supreme Court in Lakin v. Senco (1999) and has not been re-imposed.

Oregon operates modified-51 comparative negligence. The non-economic damages cap was held unconstitutional in Lakin v. Senco (1999) on jury-trial-right grounds. There is currently no statutory non-economic cap. PIP coverage applies to medical bills regardless of fault, with tort recovery available alongside.

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★ statute of limitations

2 years from date of injury

Or. Rev. Stat. § 12.110

★ fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ OR · key facts

What makes Oregon different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified-51% bar
2-year SOL
Non-econ cap struck down by Lakin v. Senco (1999)
Limited PIP no-fault layer

★ OR · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Oregon law.

★ OR · court decisions

What Oregon courts have decided.

Reported Oregon decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Mall v. Horton
Oregon Court of Appeals · 2018
Verdict reversed; new trial
A pickup truck collided with the plaintiff’s car, and he claimed severe neck and back strains, headaches, contusions and abrasions.
whiplash in Oregon →
Whiplash
Estate of Fisher v. Lee
Oregon Court of Appeals · 2026
$20,000,000 award; cap reduction reversed
Early one January morning, 23 year old Grant Fisher was driving on Highway 26 when a driver going about 96 miles per hour under the influence of narcotics rear ended his truck.
whiplash in Oregon →
Back & spine
Clark v. Gilstrap
Oregon Court of Appeals · 2024
Summary judgment for driver affirmed
After a car accident, Clark reported back, neck and abdominal pain to therapists for months, and her implanted pain pump was checked several times.
back & spine in Oregon →
Back & spine
Thoens v. Safeco Insurance
Oregon Court of Appeals · 2015
UIM judgment reversed and remanded
In November 2007 Thoens was stopped behind a school bus when another driver rear ended her.
back & spine in Oregon →
Head & brain
Smith v. Providence Health & Services
Oregon Supreme Court · 2017
Dismissal reversed; loss of chance allowed
A 49 year old man went to the Hood River hospital within two hours of stroke symptoms; the emergency physician misdiagnosed him and sent him home, and did so again the next day.
head & brain in Oregon →
Head & brain
E.J.T. v. Jefferson County
Oregon Supreme Court · 2022
Claim allowed against public body
A child suffered catastrophic brain damage at the hands of his mother’s boyfriend after earlier abuse that medical staff had reported.
head & brain in Oregon →
Fracture
Busch v. McInnis Waste Systems
Oregon Supreme Court · 2020
$10,500,000 noneconomic award; cap unconstitutional as applied
A garbage truck struck William Busch as he crossed a street in downtown Portland, and his leg had to be amputated.
fracture in Oregon →
Fracture
Ouma v. Skipton
Oregon Court of Appeals · 2014
Directed verdict on pain damages reversed
A pickup truck ran into Ouma’s car while he was stopped at a stoplight, and he claimed fractured teeth and many other injuries, with $55,000 in economic losses.
fracture in Oregon →
Medical negligence
Horton v. Oregon Health & Science University
Oregon Supreme Court · 2016
$12,071,190.38 verdict; Tort Claims Act limits upheld
A six month old boy had surgery at OHSU to remove a cancerous mass on his liver, and the surgeons inadvertently cut the blood vessels to his liver.
medical negligence in Oregon →
Medical negligence
Martineau v. McKenzie-Willamette Medical Center
Oregon Supreme Court · 2023
Court of Appeals reversed; defense judgment affirmed
Aaron Martineau went to an emergency room with chest pain; based on a chest x-ray reading and another patient’s electrocardiogram, the doctor decided he needed no urgent testing, and he later died.
medical negligence in Oregon →
Workplace
Vasquez v. Double Press Manufacturing
Oregon Supreme Court · 2019
$4,860,000 noneconomic award upheld
In 2010, at the end of his shift, Vasquez did not switch his machine to manual or lock it before climbing in to clear jammed material.
workplace in Oregon →
Workplace
Rains v. Stayton Builders Mart
Oregon Court of Appeals · 2018
$3,125,000 noneconomic award upheld
Kevin Rains fell almost 16 feet at a job site when a defective wood board broke, and he was left paraplegic.
workplace in Oregon →

★ OR · rules that decide claims

The rules in Oregon.

Statutes and rulings that come up again and again in Oregon injury claims, each with its source.

Fault rule	“Contributory negligence shall not bar recovery … if the fault attributable to the claimant was not greater than the combined fault” of the others, but damages are reduced by the claimant’s percentage.ORS 31.600(1), as quoted in Thomas v. Dillon Family LP II (Or. App. 2022)
The $500,000 cap and the remedy clause	ORS 31.710(1) limits noneconomic damages to $500,000, but in 2020 the Supreme Court held it violates the remedy clause of Article I, section 10, of the Oregon Constitution in cases like a pedestrian’s leg amputation.Busch v. McInnis Waste Systems (Or. 2020)
Seat belt use	Not wearing a seat belt can be used only to mitigate damages, and by no more than 5 percent.ORS 31.760; see our seat belt table
Deadline to sue	Two years for personal injury claims, running from when the plaintiff knew or reasonably should have known the facts needed for the claim.ORS 12.110(1), as applied in Clark v. Gilstrap (Or. App. 2024)
Crash force evidence	A biomechanical engineer may testify that collision forces were too small to cause the claimed injuries if the testimony meets Oregon’s standards for expert evidence.Thoens v. Safeco Insurance (Or. App. 2015)
Loss of chance	Oregon common law does not preclude a loss of chance claim in medical malpractice, such as a lost 33 percent chance of a much better stroke outcome.Smith v. Providence Health & Services (Or. 2017)
Proving the crash caused the injury	A crash victim may reach a jury on pain and suffering without expert medical testimony on causation; the court reversed a directed verdict based on its absence.Ouma v. Skipton (Or. App. 2014)
Claims against government	Notice within 180 days; for claims from 1 July 2026, local public bodies are capped at $902,700 per claimant and the State at $2,708,100.ORS 30.275, 30.272, 30.271; see our notice table

★ other US jurisdictions

Compare across United States.

How Oregon compares with its neighbours in the West on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Oregon· you are here	Modified comparative, 51% bar	2 years from date of injury
Alaska (AK)	Pure comparative negligence	2 years from date of injury or discovery
California (CA)	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle
Hawaii (HI)	Modified comparative, 51% bar	2 years from date of injury
Idaho (ID)	Modified comparative, 50% bar	2 years from date of injury
Montana (MT)	Modified comparative, 51% bar	3 years from date of injury
Nevada (NV)	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice
Utah (UT)	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice
Washington (WA)	Pure comparative negligence	3 years from date of injury
Wyoming (WY)	Modified comparative, 51% bar	4 years from date of injury

Every United States jurisdiction compared

★ OR · frequently asked

Common questions.

Common questions about personal injury claims in Oregon, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Oregon?
2 years from date of injury. Source: Or. Rev. Stat. § 12.110. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Oregon?
Modified comparative, 51% bar. Modified comparative, recovery barred at 51% claimant fault.
Are there caps on damages in Oregon?
Oregon does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.
Does Oregon operate a no-fault auto insurance scheme?
Oregon applies partial no-fault provisions. Limited PIP-style first-party benefits may be required, but the underlying tort right is preserved.
How are settlements typically valued in Oregon?
Practitioners and adjusters in Oregon value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.
Should I hire a Oregon attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Oregon's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Oregon personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Oregon statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Oregon. See /methodology, /sources, and /disclaimer.

Personal injury inOregon.

Personal injury in
Oregon.