Quick Look:  

• There are three types of compensation that may be available after a car accident in Oregon: economic damages, noneconomic damages, and punitive damages.  
• Oregon's modified comparative negligence system means your car crash injury compensation will be reduced based on your percentage of fault, and withheld entirely if you hold more than 50% of the fault.  
• For most car accident cases in Oregon, the recoverable compensation will not be capped. However, noneconomic damages for wrongful death cases are capped at $500,000.  

How Much Money Can You Get from a Car Accident in Oregon?  

In the stress and panic after an accident, the prospect of car crash injury compensation offers a lifeline to Oregon drivers. However, it can be difficult to know exactly how much you can obtain. There is no one-size-fits-all answer to this question, but by learning how car accident compensation is determined in Oregon, and reviewing the details of your own case, you can start to get a solid estimate.  

To help answer your questions about car crash injury compensation in Oregon, we’ve put together a quick explainer, outlining the factors that influence your settlement amount. For more information, be sure to reference our blog on how to calculate compensation for personal injury, or call 24/7 to reach an Oregon auto accident attorney with your specific questions.  

Types of Compensation in Oregon  

There are three main types of car crash injury compensation you can receive in Oregon. Economic, noneconomic, and punitive damages. To determine the full amount you’re entitled to, you’ll need to take all three types into account.  

Oregon also places limits, or caps, on the amount of certain types of car accident compensation you can receive. In the sections to follow, while discussing the compensation types available, we’ll also address any existing caps on each type.  

Economic Damages  

Economic damages apply to any practical loss of financial resources—that is, anything which costs a measurable amount of money. Examples include:  

• Medical treatment: Car crash injuries can take a real financial toll. Be sure to keep receipts of all medical charges for your injury treatment.  
• Ongoing care: Some severe injuries require long-term care after the fact, such as physical therapy. You may need to get a statement from a medical professional indicating the need for this care. Get as much information as possible to ensure fair compensation.  
• Property damage: This accounts for damages which don't affect your person but your property. The most obvious example of property damage after a car accident is your own vehicle.  
• Lost earnings: If an injury is severe enough to keep you from work for a certain period of time, you may be entitled to compensation for any wages lost on account of this injury. You will need to ensure you have proper evidence of the lost income, so a fair amount can be awarded.  
• Loss of future income: In some of the most serious cases, an injury may be disabling enough to affect your ability to work into the foreseeable future. To minimize the financial impact of this outcome, the court may award additional compensation based on loss of future earning capacity.  

There are no existing caps on the amount of economic damages you can receive.  

Noneconomic Damages  

Unlike economic damages, noneconomic damages apply to losses which are less quantifiable. This includes:  

• Physical pain.  
• Emotional suffering.  
• Reduced quality of life.  

Ordinarily, there is no cap on the amount of noneconomic damages you can receive in Oregon. The only exception is wrongful death cases, in which compensation is capped at $500,000.  

Methods for Calculating Noneconomic Damages  

While noneconomic damages are, by nature, somewhat subjective, there are a few methods which can be used to generate an estimate. Some of the most popular are the multiplier method and the per diem method.  

• Multiplier method. In this system, you start with the measurable amount of medical damages, then decide on a multiplier. The multiplier typically varies based on severity, with minor injuries equating to about 1.5, while the most serious warrant a multiplier of 5 or higher. Multiply medical damages by this multiplier to get a starting estimate for noneconomic damages.  
• Per diem method. In this system, you have to assume a roughly equal amount of suffering per day, and equate it to a fixed monetary amount. For example, some might use a normal day's wages as this amount. From there, all you have to do is add up the number of days you suffered on account of the injury.  

Note that while both of these methods can be valuable, they are both imperfect. The best way to estimate a fair amount of compensation is to consult an Oregon personal injury lawyer.  

Punitive Damages  

Punitive damages are not as straightforward as the other types of compensation. In cases where the at-fault party acts with gross negligence, the court may enforce punitive damages as an additional penalty.  

One situation in which punitive damages might be considered is that of corporate negligence. If, for example, a major restaurant chain displayed a pattern of serving undercooked food, then punitive damages may be appropriate, not just to punish that chain, but to discourage them from future patterns of negligence.  

There are no caps on the amount of punitive damages that may be awarded. However, a total of 70% of the amount awarded in punitive damages will go to the state. The victim will only receive 30% of the total punitive damages.  

Modified Comparative Negligence: How Fault Affects Compensation  

One other key factor affecting how much money you can get from a car accident in Oregon is the state’s modified comparative negligence law.  

Under modified comparative negligence, the total amount of compensation you can receive will be reduced according to your percentage of fault. In other words, if the court awarded your case a verdict of $300,000, but also found you to be 10% at fault, then you would only receive 90% of that amount: $270,000.  

However, that’s not all. If your total percentage of fault exceeds 50%, then you won’t be able to recover any compensation whatsoever. This means it is critical to build a strong case, backed by evidence, that prevents the responsible party from attributing an unfair degree of fault to you.  

Other Key Factors in Compensation  

The amount of compensation on the table will vary greatly between car accident cases. There are a few other factors to keep in mind when determining the amount of compensation which may be available to you:  

• Severity of injuries. Typical car accident injuries range from minor to severe. It stands to reason that more severe injuries are correlated with higher settlements. More intense or specialized treatment can result in higher medical bills, and the impact felt by severe injuries may precede certain noneconomic damages, like pain and suffering.  
• Insurance policy. Insurance can play a major role in determining the final compensation amount. For instance, if the at-fault party has insufficient insurance coverage, it may limit the amount of compensation you can recover from them. It's wise to discuss insurance essentials with your attorney to make the most of your case.  
• Strength of evidence. The more evidence you have to support your case, the more reliably you can argue for fair compensation. Receipts of medical bills and other expenses are invaluable, but even recording your own personal experience in a journal or a voice note may supplement your case.  

Fight to Secure Maximum Compensation  

The message is clear: your car accident compensation is not something to take lightly. Ideally, all parties involved should work together to ensure a fair outcome for everyone. However, some insurance companies will employ various tactics to reduce the amount of compensation they owe you.  

Don’t get pressured into an unfair deal. Protect your right to compensation by joining forces with an auto accident attorney. While there are several factors influencing your compensation amount in Oregon, the amount of money you can get from a car accident hinges on the strength of your case.  

You Can Count on Senft  

Looking for legal representation to help you secure car crash injury compensation in Oregon? Senft Injury Advocates is here to help. Having spent the last three decades helping accident victims, we offer the level of support only seasoned attorneys can provide. From expertly handling predatory tactics from insurance companies to connecting you with critical resources, we will ensure that you feel supported at every step of the claims process.  

Ready to get started? Call today for a free consultation and begin your path to recovery.