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★ Oregon · fracture

Fracture settlements
in Oregon.

By Reviewed by Abd Shanti, Founder9 min read

The Oregon Supreme Court’s 2020 decision in Busch began with a garbage truck that hit a pedestrian in downtown Portland; he lost his leg, the jury awarded $10.5 million for pain and suffering, and the court refused to cut it to $500,000. A driver with broken teeth from a stoplight crash won the right to have a jury decide his pain claim without a doctor’s causation testimony.

Facts that decide a fracture claim in Oregon

The $500,000 cap and the remedy clauseORS 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)
Proving the crash caused the injuryA 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 governmentNotice 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
united states · sister site
Your fracture claim in Oregon. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ OR · reported fracture outcomes

What Oregon courts have awarded.

Real Oregon decisions and verdicts, each linked to the court record or official report.

  • 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. The company conceded liability, and the jury awarded $3,021,922 in economic and $10,500,000 in noneconomic damages. The trial court cut the noneconomic award to $500,000. The Supreme Court held the cap violated the remedy clause because it gave no quid pro quo and could not provide a complete recovery in many cases.

  • 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. The driver admitted liability, but the trial court directed a verdict against Ouma because he offered no medical testimony that the crash caused his injuries. The Court of Appeals reversed as to noneconomic damages.

★ OR · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Oregon.

  1. 1

    Serious injury awards above $500,000 can stand in Oregon after Busch.

  2. 2

    Broken teeth and other injuries after a crash may reach a jury without an expert on causation, as Ouma shows.

  3. 3

    Claims against public bodies have their own higher caps and a 180 day notice deadline.

★ OR · statute of limitations
2 years from date of injury

Or. Rev. Stat. § 12.110

★ OR · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Oregon's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Oregon · you are hereModified comparative, 51% bar2 years from date of injury—
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
TexasModified comparative, 51% bar2 years from date of injuryTX · fracture →
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
South DakotaSlight versus gross negligence3 years from date of injurySD · fracture →
★ OR · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Oregon? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of OR
Oregon overview

Fault rule, statute, caps, and key facts for Oregon as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Oregon. See /methodology, /sources, and /disclaimer.