Oregon Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).

Six years for taking, detaining or injuring personal property (such as a car), and six years for trespass on or injury to an interest in real property. The 10-year outer limit for negligent injury to property also applies.

Two years from when the injury is first discovered or reasonably should have been discovered. Regardless of discovery, the action must be filed within five years after the treatment, omission or operation, unless fraud, deceit or misleading representation prevented filing; in that case the deadline is two years after the fraud is or should have been discovered.

Three years after the injury causing death is discovered or reasonably should have been discovered (by the person who died, the personal representative, or a beneficiary). In no case may the action be filed later than the earlier of three years after the death or the longest applicable statute of ultimate repose (such as the five-year medical malpractice limit or the 10-year negligence limit).

The personal representative of the estate brings the action, for the benefit of the surviving spouse, children and parents, other people who would inherit under intestate succession law, and any stepchild or stepparent. Damages can include medical and funeral costs, the person's pain and lost income before death, pecuniary loss to the estate, and the family's pecuniary loss and loss of society and companionship.

Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault.

Oregon's damages chapter caps noneconomic damages at $500,000 in wrongful death actions (including loss of companionship and consortium claims), except claims against public bodies and workers' compensation claims; the jury is not told of the cap. No general cap on noneconomic damages in non-death injury cases was found in the chapter. Separately, an injured person generally cannot recover noneconomic damages in a motor vehicle case if they were driving uninsured or under the influence at the time.

No separate medical malpractice damages cap was found. The $500,000 noneconomic cap for wrongful death actions applies when malpractice causes death. Punitive damages may not be awarded against licensed health practitioners (such as physicians, nurses and dentists) who were acting within the scope of their license and without malice.

Allowed only if proven by clear and convincing evidence that the defendant acted with malice, or showed reckless and outrageous indifference to a highly unreasonable risk of harm with conscious indifference to the health, safety and welfare of others. There is no fixed dollar cap, but the court reviews any jury award and may reduce it. Of the punitive award, 30% goes to the winning party (with no more than 20% of the award going to the attorney), 60% goes to the state's Criminal Injuries Compensation Account, and 10% to the State Court Facilities and Security Account.

Under the Oregon Tort Claims Act, notice of claim must be given within 180 days after the loss or injury (one year for wrongful death), not counting up to 90 days during which the injured person is unable to give notice. Notice to the state goes to the Director of the Oregon Department of Administrative Services; notice to a local public body goes to its principal administrative office, a governing body member, or its designated attorney. Filing the lawsuit within the notice period also counts as notice. The lawsuit must be filed within two years after the loss or injury. Personal injury and death damages against the state and local public bodies are capped per claimant and per occurrence; the caps have been adjusted every year since 2015.

Limited strict liability statute. If a court has already found that a dog is a "potentially dangerous dog" and the dog later injures a person or damages property, the keeper is strictly liable for the economic damages. This does not apply to a person who provoked the dog, assaulted the keeper, or trespassed on premises from which the keeper may lawfully exclude others. Other dog-bite claims depend on common-law rules.

Minimum liability coverage is $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage. Every private passenger auto liability policy must also include personal injury protection (PIP) benefits, including up to $15,000 in medical and related expenses per person.

A driver who is physically able must immediately notify a police officer or law enforcement agency, by the quickest means available, after a collision that causes injury or death (anywhere), or a collision on a highway or premises open to the public that causes more than $2,500 in property damage — specifically when the driver's own vehicle has more than $2,500 damage, when non-vehicle property is damaged, or when any vehicle must be towed. If the collision causes serious injury or death, calling the emergency communications system (9-1-1) immediately satisfies this duty. If the driver cannot report, a passenger must. Failing to report is a Class A traffic violation.

For a collision causing injury or death, or more than $2,500 in property damage (the driver's own vehicle over $2,500, damage to non-vehicle property, or any vehicle towed from the scene), the driver must complete a collision report on a form approved by the Oregon Department of Transportation (DMV) and submit it within 72 hours, along with proof of insurance (financial responsibility). This is required even if police were notified. Failure is a Class B traffic violation. If someone else was driving and does not report, the owner must report as soon as they learn of the crash; a passenger may have to report if the driver cannot. Cities may require additional reports.

A driver who knows or has reason to believe they were in a collision must stop immediately and investigate what they struck. If anyone is injured or killed, the driver must stay, give their name and address, the owner's and occupants' names and addresses, plate number, insurance carrier, policy number and insurer's phone number, show their license number if asked, and give reasonable help to the injured (including arranging transport for treatment). If no one can receive the information, the driver must stay until police arrive (with limited medical/reporting exceptions); a driver who learns of an injury only after leaving must call 9-1-1 right away. Failing these duties is a Class C felony, or a Class B felony if someone suffers serious physical injury or dies. For property-damage collisions, the driver must exchange the same information or, for an unattended vehicle, find the owner or leave a written note; failing to do so is a Class A misdemeanor. A court may also order payment of the damages caused.

One law, the Oregon Tort Claims Act, covers claims against the State and local public bodies such as cities, counties and districts. Notice of claim must be given within 180 days after the injury (one year for wrongful death), not counting up to 90 days when the injured person cannot give notice because of the injury, minority or incapacity. Formal written notice of a claim against a local public body is given by mail or personal delivery to the public body at its principal administrative office, to any member of its governing body, or to its designated attorney; notice can also be satisfied by actual notice, by filing the lawsuit within the notice period, or by any payment on the claim. The lawsuit must be filed within two years after the injury. Personal injury damages against a local public body are capped per claimant and per occurrence at amounts adjusted each July 1 by the State Court Administrator.

A landowner (including a tenant, lessee, occupant, easement holder and their employees or volunteers) who directly or indirectly permits people to use land for recreation, such as hunting, fishing, swimming, hiking, walking, running or bicycling, is not liable for personal injury, death or property damage arising from that use. The protection does not cover intentional injury. It generally does not apply if the owner makes any charge for permission to use the land, although an owner who charges only for certain activities or a certain part of the land and gives the required notice keeps the protection for other uses or areas. Parking fees of $15 a day or less and amounts received from a public body are not a 'charge'.

All motorcycle operators and passengers must wear a motorcycle helmet, regardless of age, and an operator may not carry a passenger who is not wearing one. Exemptions apply only to riders within an enclosed cab and to three-wheeled vehicles designed to travel under 15 miles per hour. The helmet statutes read do not address whether not wearing a helmet affects damages.

Banned under the current statute: a motorcycle or moped operator commits the offense of unlawful passing by operating between lanes of traffic or between adjacent lines or rows of vehicles, or by passing in the same lane occupied by the vehicle being passed (unless that vehicle is a motorcycle or moped). Police officers performing official duties are exempt. The offense is a Class B traffic violation.

A driver must stop and remain stopped for a pedestrian who is crossing in a crosswalk (or proceeding under a pedestrian signal) and is in the driver's lane, an adjacent lane, the lane the driver is turning into, or, at a turn without a pedestrian signal, a lane next to it; a pedestrian counts as crossing once any part of the body, wheelchair, cane, crutch or bicycle moves onto the roadway in a crosswalk with intent to cross. A pedestrian must not suddenly leave a curb into the path of a vehicle too close to stop, and must yield to vehicles when crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection.

A bicyclist has the same rights and duties as the driver of any other vehicle, and the bicycle rules do not relieve bicyclists or motorists of the duty to use due care. A driver may pass a bicyclist only by going to the left at a 'safe distance', meaning enough distance to avoid contact if the cyclist fell into the driver's lane; this requirement does not apply to a driver in a lane next to a designated bike lane or driving 35 mph or slower. Drivers must yield to riders in a bicycle lane. Riders and passengers under 16 must wear an approved helmet. Riding on sidewalks is allowed, but the cyclist must give an audible warning before passing pedestrians, yield to all pedestrians, and slow to walking speed at crosswalks and driveways when a car is approaching; electric-assisted bicycles may not be ridden on sidewalks.

State insurance law requires an Uber/Lyft-type transportation network company (TNC) to provide each driver a motor vehicle liability policy with personal injury protection (PIP) benefits covering the driver, passengers and pedestrians struck by the vehicle at all times the driver is providing rides in affiliation with the company. A driver's personal auto insurer may exclude all coverage while the driver is providing TNC rides.

Oregon's Department of Transportation adopts the federal motor carrier safety regulations, including driver qualification, hours of service, and inspection, repair and maintenance (49 CFR parts 40, 380, 382, 383, 385, 387, 390-393, 395, 396, 398 and 399, with amendments in effect April 1, 2026), and applies them to intrastate carriers with listed exceptions. One exception: the federal minimum insurance rules (part 387) apply to intrastate carriers only when hauling hazardous materials; motor carriers must otherwise carry liability insurance at minimums set by ODOT rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.

Oregon's Employer Liability Law requires owners, contractors, subcontractors and others in charge of work involving risk or danger to employees or the public to use every device, care and precaution practicable for safety, without regard to the added cost of safety devices; those engaged in construction, repair, alteration or painting of buildings and other structures must comply with state safety rules. Comparative negligence applies to these claims. For a worker's own employer that has workers' comp coverage, workers' comp is the exclusive remedy, including in place of Employer Liability Law claims, except for injuries caused by the employer's deliberate intention; the worker may pursue the Employer Liability Law or negligence claims against other parties, such as a general contractor or owner who is not the employer, subject to the workers' comp lien.