If you have been injured in an auto accident, on the job, or on someone else’s property, or if you have suffered harm due to defamation or identity theft, you may be entitled to compensation through a personal injury lawsuit.
Every state has unique personal injury laws that will affect your case. The statute of limitations varies from state to state and can even depend on the type of personal injury case. Other differences affect the amount and type of damages to which you are entitled. For instance, in Oregon there is no cap on punitive damages, but you will receive less than half of the award. The state takes the rest.
Damages
Compensatory damages are the damages awarded to compensate you for your injuries. Compensation includes economic and non-economic damages.
Economic damages:
- Past and future medical bills
- Past and future lost wages
- Lost earning capacity
- Permanent disability
- Property damage
- Expenses directly caused by your injuries
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
Punitive damages are non-compensatory. They are used to punish the person or entity that caused your injury. You must prove that the conduct of the defendant was worse than simple negligence in order to receive punitive damages. Since punitive damages are not compensation for your losses, some states take part of that money for themselves. The state of Oregon takes 60%.
Collecting from multiple parties
In a lawsuit, there can be multiple defendants. When more than one person or entity is found responsible for your injuries, in Oregon, several liability applies. Each party is held responsible for an amount of compensation proportionate to their share of fault and only their share. If someone fails to pay, you cannot collect the unpaid portion from the other party or parties.
Modified comparative negligence
The circumstances surrounding an accident or injury are often very complicated and it is not uncommon for the injured party to have played some role in causing the injury. Most states will still allow you to collect compensation minus your portion of the blame, even if your own negligence contributed to your injuries. Oregon follows the doctrines of modified comparative negligence, allowing you to be eligible for compensation as long as you were 49% or less to blame.
Statute of limitations
If you have been injured you must act quickly or you could give up your legal rights. The statute of limitations is the time limit for filing your lawsuit. In Oregon you have two years to file, in most types of personal injury cases.
If you have been injured or lost a loved on in Oregon, you need the help of an experienced personal injury attorney. Please contact one of our Oregon personal injury lawyers for a free claim evaluation.
