If you’ve been injured because of someone else’s negligence, Oregon law allows you to pursue financial compensation for the harm you’ve suffered. This compensation, known legally as damages, is intended to help make you “whole” again after an accident.
While every case is different, most Oregon personal injury claims fall into several well-recognized categories of compensation.
Below is an overview of the types of damages you may be able to recover in an Oregon personal injury case.
Medical Expenses (Past and Future)
Medical bills are often the largest component of a personal injury claim. In Oregon, you may recover compensation for:
- Emergency room and urgent care visits
- Hospital stays and surgeries
- Doctor appointments and specialist care
- Physical therapy and rehabilitation
- Prescription medications
- Medical devices (braces, crutches, prosthetics, etc.)
- Future medical care related to your injury
Importantly, future medical costs must often be supported by medical opinions and long-term treatment projections. In cases with serious permanent injuries, an attorney will usually hire an expert to determine the costs associated with life care planning.
Lost Wages, Income and Loss of Earning Capacity
If your injury caused you to miss work, you may be entitled to
compensation for:
- Wages lost while recovering
- Missed bonuses or commissions
- Used vacation or sick time
- Loss of benefits included with wages (e.g. health insurance premiums, 401K contributions, etc.)
- Loss of income from missed work opportunities (more typical for independent contractors, gig employees,
and similar non-traditional workers)
In more serious cases, Oregon law also allows recovery for loss of earning capacity, meaning your reduced ability to earn income in the future due to permanent limitations or disabilities.
Pain and Suffering
Not all injuries come with a receipt. Oregon recognizes compensation for non-economic damages, including:
- Physical pain and discomfort
- Emotional distress
- Anxiety, depression, or trauma
- Loss of enjoyment of life
- Inconvenience and disruption to daily activities
These harms are subjective but very real, and they often make up a significant portion of a personal injury settlement or verdict.
Emotional Distress and Mental Anguish
As mentioned in number 3 above, in addition to physical pain, injuries can cause long-lasting psychological harm.
Compensation may be available for:
- Post-traumatic stress (PTSD)
- Sleep disturbances
- Fear, shock, or humiliation
- Emotional impact of permanent scarring or disfigurement
Medical records, counseling notes, and testimony often play an important role in proving these damages.
Property Damage and Rental Expenses
If your personal property was damaged in an accident, most commonly in car accidents, motorcycle accidents, and truck accidents, you may recover compensation for:
- Vehicle repair or replacement
- Damage to personal items (phones, laptops, clothing, bicycles, etc.)
- Cost of renting a comparable replacement vehicle while yours is in the shop
Property damage claims are often handled separately from bodily injury claims but remain an important part of full recovery.
Loss of Consortium
Oregon law allows spouses to seek compensation for loss of consortium, which may include:
- Loss of companionship
- Loss of affection or intimacy
- Loss of household services
These claims recognize that injuries affect not just the victim, but their family as well. Like non-economic damages, this is a subjective loss and is given the same consideration.
Permanent Disability or Disfigurement
If an injury results in lasting impairment, you may be entitled to enhanced compensation for:
- Permanent physical limitations
- Loss of mobility or function
- Scarring or disfigurement
- Amputation or paralysis
These cases often require expert testimony to fully assess long-term impact and value. Often cases with these injuries will result in higher economic and non-economic damages.
Punitive Damages (Limited and Rare)
Unlike most states, Oregon places strict limits on punitive damages. These are only awarded in rare cases involving willful, malicious, or reckless conduct, such as:
- Drunk driving
- Intentional harm
- Conscious disregard for public safety
Punitive damages are not available in most personal injury cases and require a higher legal threshold. In addition, 70% of any punitive damages awarded will be paid to the State of Oregon.
Factors That Affect Compensation in Oregon
The value of a personal injury case depends on many factors, including:
- Severity of injuries
- Length of recovery
- Long-term medical needs
- Impact on employment
- Insurance coverage available
- Comparative fault (Oregon follows a modified comparative law rule)
Because of these variables, no two cases are the same. And it goes without saying, the more accurate, detailed, and reliable proof you have to support the harms and damages you claimed, the more likely you will be adequately compensated.
Why Legal Guidance Matters
Insurance companies often try to minimize payouts or dispute damages. An experienced Oregon personal injury lawyer, like at Shlesinger & deVilleneuve Attorneys, can:
- Identify all available categories of compensation
- Accurately value your claim
- Gather medical and expert evidence
- Negotiate aggressively, or take your case to trial if necessary
Talk to an Oregon Personal Injury Attorney
If you were injured in Oregon due to someone else’s negligence, you may be entitled to significant compensation, but deadlines apply.
Speaking with a qualified personal injury lawyer early can help protect your rights and maximize your recovery. Contact us today for a FREE CONSULTATION.
