Head & brain settlements
in Oregon.
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. For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Oregon's modified comparative — 51% bar.
Oregon applies modified comparative negligence with a 51% bar. A head & brain claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability head & brain cases where the comparative-fault split is close to even.
Oregon does not impose a state-specific statutory cap on the standard heads of damage in head & brain cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic head & brain claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.
Oregon applies partial no-fault provisions. For head & brain claims tied to motor-vehicle accidents, limited first-party PIP-style benefits may be required by statute, but the underlying tort right against the at-fault driver is preserved.
The US band is the starting point. Oregon's fault rule and any applicable cap then adjust the figure.