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★ Oregon · head & brain

Head & brain settlements
in Oregon.

By Reviewed by Abd Shanti, Founder9 min read

In 2017 the Oregon Supreme Court allowed a man who suffered brain damage from a stroke that emergency doctors twice missed to sue for his lost chance of a better outcome. In 2022 it held a child left with catastrophic brain damage by his mother’s boyfriend could bring a vulnerable person abuse claim against the county.

Facts that decide a head & brain claim in Oregon

Loss of chanceOregon 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)
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)
Deadline to sueTwo 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)
united states · sister site
Your head & brain claim in Oregon. See the number for your own case.

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

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★ OR · reported head & brain outcomes

What Oregon courts have awarded.

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

  • 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. By the time he was correctly diagnosed the following week, he had substantial brain damage. He alleged he lost a 33 percent chance of a much better outcome. The lower courts dismissed the claim, but the Supreme Court held loss of chance is available and reversed.

  • 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. He sued the county and others in federal court, alleging they failed to act under Oregon’s child abuse reporting laws. Answering certified questions, the Oregon Supreme Court held a claim under the Vulnerable Person Act can be brought against a public body under the Tort Claims Act.

★ OR · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Oregon.

  1. 1

    Missed stroke diagnosis cases can proceed on a loss of chance theory in Oregon after Smith.

  2. 2

    Public agencies can be liable for failing to act on abuse reports, as E.J.T. shows.

  3. 3

    Brain injury pain awards above $500,000 may survive the cap after Busch.

★ 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.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
WyomingModified comparative, 51% bar4 years from date of injuryWY · head & brain →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · head & brain →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · head & brain →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · head & brain →
TexasModified comparative, 51% bar2 years from date of injuryTX · head & brain →
VermontModified comparative, 51% bar3 years from date of injuryVT · head & brain →
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain →
South DakotaSlight versus gross negligence3 years from date of injurySD · head & brain →
★ OR · head & brain · 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.

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Sources

Checked 2026-09-29.

★ all of OR
Oregon overview

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

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.