When you suffer an injury due to someone else’s negligence in Oregon, you’re not just dealing with physical pain; you’re often facing a cascade of financial and emotional burdens. From unexpected medical bills to lost time at work and the profound impact on your daily life, these losses can quickly become overwhelming. Fortunately, Oregon law allows injured individuals to seek compensation, referred to as “damages,” from the responsible party. But what exactly do these “damages” include?
At Dawson Law Group, our experienced Portland personal injury lawyers are dedicated to ensuring our clients understand the full scope of their potential recovery. We work tirelessly to identify and quantify every loss you’ve sustained so you can pursue the maximum compensation available under Oregon law. This guide will break down the three primary categories of damages you might be able to recover in an Oregon personal injury case: economic, non-economic, and punitive damages.
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1. Economic Damages: Quantifiable Financial Losses
Economic damages are the tangible, objective financial losses you incur as a direct result of your injury. These are often easier to calculate because they come with bills, receipts, pay stubs, and other verifiable documentation. The goal of economic damages is to reimburse you for out-of-pocket expenses and lost income. In Oregon, these are defined in statutes like ORS 31.705(2)(a) as “objectively verifiable monetary losses.”
Common examples of economic damages include:
- Medical Expenses: This is often the largest component of economic damages. It includes costs for:
- Emergency room visits and ambulance fees
- Hospital stays and surgeries
- Doctor appointments and specialist consultations
- Prescription medications
- Physical therapy, occupational therapy, and rehabilitation
- Diagnostic tests (X-rays, MRIs, CT scans)
- Future medical care, including potential surgeries, ongoing therapy, or long-term care needs, which can be projected by medical experts.
- Lost Wages and Income: If your injuries prevent you from working, you can recover compensation for:
- Past lost income (wages, commissions, bonuses) from the date of the injury to the present.
- Future lost earning capacity if your injuries permanently affect your ability to work or earn at your pre-injury level. This often requires vocational and economic experts to calculate.
- Property Damage: In accidents like car crashes, this covers the cost to repair or replace your damaged vehicle or any other personal property destroyed or damaged in the incident.
- Out-of-Pocket Expenses: Various other costs directly related to your injury, such as:
- Transportation costs to and from medical appointments.
- Costs for household services you can no longer perform (e.g., cleaning, yard work).
- Costs for assistive devices (crutches, wheelchairs) or home/vehicle modifications required due to your injury.
Oregon law generally places no cap on the amount of economic damages you can recover, meaning you can be fully compensated for all verifiable financial losses.
2. Non-Economic Damages: Subjective Impacts on Your Life
Non-economic damages compensate you for the subjective, non-monetary losses that profoundly impact your quality of life after an injury. These damages are harder to quantify because they don’t come with a bill, but they are often a significant part of a personal injury claim. ORS 31.705(2)(b) defines “noneconomic damages” as “subjective, nonmonetary losses.”
Common examples of non-economic damages include:
- Pain and Suffering: This covers the physical pain and discomfort you endure, from the initial injury through recovery, and any chronic pain you may experience.
- Mental Suffering and Emotional Distress: Accidents can cause significant psychological trauma, including anxiety, depression, fear, anger, sleep disturbances, or symptoms of Post-Traumatic Stress Disorder (PTSD).
- Loss of Enjoyment of Life: Compensation for your inability to participate in hobbies, recreational activities, social events, or other aspects of life you once enjoyed due to your injuries.
- Humiliation and Embarrassment: Especially relevant for injuries that cause visible scarring, disfigurement, or physical limitations that affect self-esteem.
- Inconvenience: The disruption to your daily routine, personal life, and ability to manage everyday tasks.
- Loss of Companionship/Consortium: Damages awarded to a spouse or, in some cases, other family members for the loss of intimacy, affection, support, and care due to the injured person’s condition.
Oregon Caps on Non-Economic Damages: It’s important to note that while Oregon generally does not have a cap on non-economic damages in most personal injury cases, there is a specific exception. In wrongful death claims, ORS 31.710 places a cap of $500,000 on non-economic damages. For other personal injury cases, the Oregon Supreme Court has previously found attempts to cap non-economic damages to be unconstitutional, though legal challenges and legislative changes can occur. Our attorneys stay current on all such developments.
3. Punitive Damages: Punishing Malicious or Reckless Conduct
Punitive damages are distinct from economic and non-economic damages because they are not intended to compensate the victim for their losses. Instead, their purpose is to punish the defendant for particularly egregious, malicious, or reckless behavior and to deter similar conduct in the future. Because they are meant to be a penalty, punitive damages are awarded only in a small percentage of personal injury cases and are subject to strict legal standards in Oregon.
Under ORS 31.730, punitive damages may be awarded only if it’s proven by “clear and convincing evidence” that the defendant acted with “malice” or showed a “reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety, and welfare of others.”
Examples of conduct that might warrant punitive damages include:
- Severe drunk driving accidents (DUII).
- Intentional assault or battery.
- Extreme cases of corporate negligence where a company knowingly endangered the public for profit.
Important Considerations for Punitive Damages in Oregon:
- High Burden of Proof: “Clear and convincing evidence” is a higher standard than the “preponderance of the evidence” needed to prove economic and non-economic damages.
- Court Approval: A plaintiff must typically ask the court for permission to even include a claim for punitive damages in their lawsuit. This requires submitting evidence to the judge for review (ORS 31.725).
- State’s Share: In Oregon, if punitive damages are awarded, a significant portion (currently 70%) of the award goes to the State of Oregon’s Criminal Injuries Compensation Account. The remaining 30% goes to the plaintiff, who is also responsible for legal fees and taxes on that portion.
For more detailed information on specific Oregon statutes regarding damages, you can refer to the Oregon Revised Statutes via OregonLaws.org, particularly ORS 31.705 (for definitions of economic and non-economic damages) and ORS 31.730 (for standards for punitive damages).
How Dawson Law Group Can Help You Recover Your Damages
Calculating and proving the full extent of your damages in an Oregon personal injury case requires meticulous attention to detail, a deep understanding of state law, and often the use of expert witnesses (medical professionals, economists, vocational experts). Insurance companies will always try to minimize payouts, especially for non-economic damages, and fight hard against punitive damage claims.
At Dawson Law Group, our skilled Portland personal injury attorneys are adept at:
- Thoroughly investigating your case to identify all potential categories of damages.
- Gathering and organizing all necessary medical records, bills, wage statements, and other financial documents.
- Working with experts to accurately project future medical needs and lost earning capacity.
- Building a compelling narrative to demonstrate the full impact of your non-economic losses.
- Aggressively negotiating with insurance companies to achieve a fair settlement.
- If necessary, litigating your case in court to present a powerful argument for maximum compensation.
Don’t leave money on the table or underestimate the true value of your claim. Contact Dawson Law Group today for a free, no-obligation consultation to discuss your injuries and the types of damages you may be able to recover. Let us fight for the compensation you need to move forward with your life. Visit our main personal injury lawyer page to learn more about how we can help you.