A personal injury claim is a process that allows an injured person to seek compensation when someone else’s wrongful conduct causes them harm. These claims cover a wide range of incidents, from car accidents and motorcycle crashes to brain injuries and even wrongful death, and aim to recover for financial and personal losses resulting from the injury.

The personal injury claim process in Oregon typically follows several key steps. It begins with seeking medical attention, followed by contacting a personal injury attorney. The attorney then investigates the case, gathers evidence, and makes a claim with the at-fault party’s insurance company. If a fair settlement isn’t reached, a lawsuit may be filed. From there, both sides enter the litigation phase, and the case may ultimately settle or proceed to trial.

Injured individuals may seek to recover various types of damages. These include economic damages such as for medical expenses and lost wages, non-economic damages such as for physical pain and emotional suffering, and in rare cases, punitive damages for extreme misconduct. The amount depends on the severity of the injury and the circumstances of the case.

Hiring a personal injury lawyer is critical because insurance companies want to minimize payouts. A lawyer protects your rights, handles negotiations, and ensures your claim complies with Oregon’s legal requirements and deadlines. With experienced legal representation, you’re more likely to receive the full compensation you deserve.

What is a Personal Injury Claim in Oregon?

A personal injury claim in Oregon is a process where an injured person seeks compensation after suffering harm due to someone else’s negligence or other wrongful conduct. These claims are civil, not criminal, and typically arise after events such as motor vehicle crashes or falls on unsafe premises, and less often after animal bites, hospital or other medical negligence, or nursing home neglect and abuse.

A successful personal injury claim allows the injured party (called the plaintiff) to recover damages such as medical expenses, lost wages, pain and emotional distress, loss of quality of life, and other losses.

A personal injury can involve any physical, emotional, or psychological harm. A personal injury claim can arise when such harm is caused by another person’s failure to act with reasonable care (or worse), and sometimes by a dangerously defective product. Under Oregon law, the failure to act with reasonable care is called negligence, and proving it is essential to winning most personal injury claims.

What is the difference between a claim and a lawsuit?

The difference between a personal injury claim and a lawsuit is that a claim is an informal request for compensation, usually handled directly with the insurance company, while a lawsuit is a formal legal action filed in court, typically when a fair settlement cannot be reached.

A personal injury claim in Oregon typically begins after an injury incident, where the injured person (plaintiff) seeks compensation for damages such as medical expenses, lost wages, physical pain, and mental suffering. Claims for injured adults are often resolved through negotiation with the at-fault party’s insurance company, without involving the court. This is often the first step in seeking a financial recovery after an injury.

A personal injury lawsuit, on the other hand, is a formal civil legal action filed in court, typically when a claim cannot be resolved through negotiation. A lawsuit begins when the plaintiff files a complaint against the defendant, triggering the litigation process, which may lead to a trial.

In essence, a claim is part of the pre-litigation phase, aiming for a quicker and less costly resolution, while a lawsuit escalates the matter into the judicial system, where a judge or (more often) a jury may decide the outcome.

What are the most common types of personal injury cases in Oregon?

The most common types of personal injury cases in Oregon are from motor vehicle collisions and from injuries on unreasonably dangerous premises, but also include medical and nursing home negligence cases, animal bites and attacks, injuries from dangerously defective products, and on-the-job injuries caused by someone other than the employer or a co-employee. Wrongful death cases are personal injury cases where the injured person dies as a result of the incident.

What Are the Steps for Making a Personal Injury Claim in Oregon?

The steps to making a personal injury claim in Oregon involve a process designed to recover compensation for injuries caused by another party’s negligence or other wrongful conduct. Each phase builds upon the previous, from initial medical care to potential court proceedings in a personal injury lawsuit. Understanding these steps can help injured survivors navigate the system more confidently and avoid common mistakes that reduce the fair value of their claim.

Step 1: Seek Medical Attention

The first step is to seek prompt medical attention after the incident, even if your injuries initially appear minor. This step is not just about health, it plays a foundational role in building a successful legitimate legal claim.

Medical treatment creates documented evidence that connects your injuries to the incident. Without it, the insurance company may argue that your injuries were unrelated, exaggerated, or pre-existing.

Even if you think you might “wait and see” how you feel, insurance companies will use delays in treatment as a reason to reduce or deny your compensation. Delaying treatment can make your recovery more difficult, as some injuries are not initially appreciated, and for many injuries, prompt early treatment leads to a better health outcome.

This step can also activate Personal Injury Protection (PIP) insurance if your injury occurred in a motor vehicle crash. PIP coverage can help pay for:

Emergency room visits,
Follow-up care and physical therapy,
Prescription medications,
Some lost wages,
Sometimes, paid outside household services.

Make sure to seek treatment promptly after a car crash to avoid issues with your PIP coverage.

Step 2: Contact a Personal Injury Attorney

After you’ve received medical care, the next step is to speak with a qualified personal injury attorney, especially if:

Your injuries are serious or may be long-term,
There may be a dispute about fault,
The other party’s insurer has contacted you,
Or you’re worried about covering your expenses.

A personal injury attorney in Oregon will:

Explain your legal rights and options based on Oregon law,
Protect you from insurer tactics that aim to get you to settle for less,
Gather and preserve key evidence before it’s lost or degraded,
Ensure you meet legal deadlines, including the applicable statute of limitations.

Many attorneys who do personal injury work offer free consultations, and most work on a contingent fee basis — meaning you pay nothing upfront and only owe a fee if your case is successful.

Working with an experienced local personal injury attorney can also give you insight into local court practices, jury tendencies, and settlement values.

Step 3: Investigation and Evidence Gathering

Once your medical needs are addressed and you’ve secured legal representation, the next step is a detailed investigation and evidence-gathering phase. This is where your attorney begins to build a strong foundation for your claim by collecting proof of fault, causation, and damages.

The goal is to create a clear, factual narrative that shows:

Who caused the injury (liability),
How their actions led to your harm (causation),
What losses you’ve suffered (damages).

Key types of information collected in personal injury claims include:

Police and other investigation reports,
Medical records and bills,
Photographs of injuries, property damage, and the incident scene,
Surveillance footage (if available),
Eyewitness statements,
Expert evaluations, such as accident reconstruction or medical opinions,
Employment records showing lost income.

This phase of work is mostly handled by the attorney, so it may seem to happen in the background while you recover, but it’s a critical part of strengthening your case.

Step 4: Making the Insurance Claim

After gathering evidence, your attorney will typically make a personal injury claim with the at-fault party’s insurance company. This step is often referred to as submitting a “demand package,” and it initiates the negotiation phase of the process.

The claim typically includes:

A detailed description of the incident and how it occurred,
An explanation of why the other party is at fault,
A summary of your injuries and how they have affected your life,
Supporting documentation such as medical records, bills, lost wages, and photos,
An offer to settle for fair compensation (called a “demand”).

In car crash cases, your attorney may also help you make a claim with your own PIP insurance provider to help cover immediate costs, even while the liability claim is pending. Car crash injury cases very often also involve Underinsured Motorist insurance claims to your own auto insurance company. The elements of the claim are essentially the same as described above.

Once the insurance company receives notice of your attorney’s representation, it will assign an adjuster. The adjuster’s job is to evaluate the evidence, assess liability, and (if the insurance company decides to do so) offer a settlement — often lower than what your case is truly worth.

Anything you say to an insurance adjuster, even your own, can be used to minimize or deny your claim. That’s why having your attorney handle all communication is highly recommended.

Step 5: Negotiating a Settlement

After the insurance claim is submitted, the process typically enters negotiation, where your attorney and the insurance adjuster may go back and forth to see if they can reach an agreement.

A settlement is an agreement to resolve your claim without going to court. Most personal injury claims in Oregon are resolved at this stage.

During settlement negotiations, your attorney will:

Respond to low or unfair offers with counter-demands,
Emphasize liability facts and applicable law that support your claim,
Present supporting evidence that proves the extent of your damages,
Emphasize any long-term consequences such as permanent injury, lost earning potential, or ongoing limitations.

Negotiations may go back and forth multiple times. Insurance companies often lowball the first offer, hoping injured people will accept less than their case is worth.

If the insurer refuses to settle a legitimate claim fairly, your attorney may advise filing a lawsuit to protect your rights.

Step 6: Filing a Lawsuit (if necessary)

If a fair settlement cannot be reached, the next step is to file a personal injury lawsuit, usually in an Oregon state Circuit Court. This moves your claim from the negotiation phase into litigation, where a jury may ultimately decide the outcome. Making sure that the lawsuit is filed on time, that the proper parties are named, that the legally required elements are included in the complaint, and filing it in the correct court are all important parts of starting litigation.

The lawsuit begins with:

Filing a Complaint that outlines what happened, who the parties are, your injuries, and your claim for damages,
Serving the defendant (the at-fault party) with legal notice (summons) and a copy of the complaint,
Filing proof of service with the Court, so that there is a public record that the lawsuit (technically called a “civil action”) has been properly and timely commenced.

Lawsuits are typically filed in the state Circuit Court of the county where the incident occurred — for Eugene-area injuries, this would be the Circuit Court for Lane County. A lawsuit can also generally be filed where the defendant resides. A relatively few cases must be filed in federal court instead of the Oregon state court. Most federal cases involving a relatively nearby incident are filed in the Eugene Division of the United States District Court.

Once the lawsuit is commenced:

The defendant must respond (usually within 30 days), either by filing motions or by filing an Answer that responds to what was said in the Complaint.
A defendant sometimes may add additional parties to the case early on.
Both parties can start using legal rules to obtain testimony and other evidence from the other side.

Filing a lawsuit doesn’t guarantee a trial — in fact, the great majority of cases still settle before going to court. But it does apply legal pressure on the defense and preserves your right to compensation.

Step 7: Discovery and Trial Preparation

After the lawsuit is commenced, the case typically enters the discovery phase. Discovery is a formal process where both sides can obtain documents and testimony from the opposing side, and sometimes to obtain evidence from others who are not parties to the case.

Discovery is governed by civil procedure rules, and in Oregon state court cases often can last right up to the time of trial.

Common discovery tools in Oregon state court personal injury cases include:

Requests for production – Obtaining documents such as medical records, repair estimates, or insurance policies,
Depositions – Sworn, out-of-court testimony by witnesses and parties,
Medical examinations – Requested by the defense to help them attack your case,
Subpoenas – used to obtain documents and testimony from non-parties,
Requests for Admissions – used to try to narrow legal issues for trial.

During this time, both parties may file pre-trial motions. It is not uncommon for the defense to file motions asking the Court to require you to modify your Complaint. If there are disputes about discovery, motions are used to obtain Court rulings about those matters. If one side thinks that there is no genuine issue of material fact and they are entitled to judgment as a matter of law on at least part of the case, they may file a motion for summary judgment.

Your attorney may also:

Finalize legal arguments,
Work with treating physicians,
Retain and work with expert witnesses,
Obtain additional evidence outside of formal discovery,
Prepare witnesses for deposition or trial testimony,
Organize evidence,
Prepare demonstrative exhibits,
Work with focus groups to get a better understanding of how a jury might respond to your case or certain evidence in your case,
Evaluate trial strategy based on everything learned about the case to date.

Most Oregon personal injury cases settle during the discovery and trial preparation phase of a case.

Step 8: Settlement or Trial

At any time during the discovery and trial preparation phase, your case can settle. If it does not settle, it proceeds to trial.

Settlement Before Trial

Most Oregon personal injury cases settle before trial. While negotiations before a lawsuit is filed are typically held between the injured person’s attorney and the adverse insurance company, negotiations after a lawsuit is filed also involve the insurance company’s defense law firm, and much more often involve mediation.

Mediation is a process that generally involves a neutral facilitator that is chosen by both sides.

Mediators are often retired judges or highly respected attorneys with extensive personal injury experience. Mediators shuttle back and forth between the parties, trying to get the defense to raise their offers and the plaintiff to lower their demands, hoping to get an agreement by the end of the process.

Settlement amounts at this stage typically are fairer because the insurance company better appreciates that the plaintiff’s attorney has put together a strong case that puts more pressure on the defense, given the risks of trial.

Trial in Oregon Civil Court

If no agreement is reached, the case goes to trial. An Oregon personal injury trial is almost always heard by a jury. In our four decades of experience, adverse insurance companies have never agreed in advance to having a judge decide a personal injury case. While insurance companies sometimes publicly criticize jury decisions they do not like, the conduct of insurance companies indicates that they recognize juries are the fairest way to resolve cases.

At trial, both parties:

Make pre-trial motions about the case and the trial evidence;
Help select a jury;
Give opening statements;
Examine witnesses and offer evidence;
Cross-examine opposing witnesses;
Make and argue motions during trial;
Help the judge decide which legal instructions should be given to the jury;
Give closing arguments;
Deal with post-verdict matters.

At the end of the trial, the jury issues its verdict, typically answering questions about whether the defendant acted wrongfully, whether the defendant’s conduct caused the plaintiff’s injuries, and the amount of the plaintiff’s damages. The verdict form may ask the jury to answer other legal questions in the case. If the jury verdict is in your favor, your attorney will prepare a proposed form of judgment.

If you win, you pay your attorney for their legal services, and the defense (almost always through an insurance company) pays its law firm. Most Oregon personal injury cases do not include an award of attorney fees.

Even if you win, the defense may appeal. The defense almost always attempts to negotiate a reduced post-trial settlement, arguing to the plaintiff that the appeal will involve prolonged litigation, continued uncertainty, and a delay in paying the compensation that is due.

What Damages Can You Recover in Oregon?

The damages you can recover in a personal injury case in Oregon refer to the financial compensation assessed for injured survivors for losses caused by another party’s wrongful conduct (or dangerously defective product). These damages fall into three primary categories: economic, non-economic, and punitive.

Compensatory damages in Oregon are meant to make the injured person “whole” — that is, to restore them financially, physically, and emotionally to the position they were in before the injury, as much as money can do that.

Economic Damages

Economic damages are objectively verifiable monetary losses resulting from the injury. These are the most straightforward to prove and are often backed by bills, wage and tax documentation, and employment records.

In personal injury cases, common economic damages in Oregon include:

Medical expenses (past and future): reasonable charges necessarily incurred for medical, hospital, nursing, and rehabilitative services and other health care services.
Loss of income: loss of income and past and future impairment of earning capacity.
Substitute services: reasonable and necessary expenses incurred for substitute domestic services.
Burial and memorial expenses in wrongful death cases.

Non-Economic Damages

Non-economic damages refer to human losses that affect your quality of life but which are not so easily quantified as economic damages.

Common non-economic damages in Oregon personal injury cases include:

Pain: Physical pain caused by the injury.
Emotional distress: May include anxiety, depression, PTSD, or other trauma resulting from the incident.
Mental suffering
Humiliation
Loss of enjoyment of life: Inability or impaired ability to engage in hobbies, sports, or family life, aside from how injuries affect work and employment.
Loss of care, companionship, and society: Sometimes, an injury to one family member affects another family member in a way the law recognizes.
Disfigurement: including scars and amputations, lasting physical impairments.

Punitive Damages

Punitive damages are assessed not to compensate the survivor, but to punish the wrongdoer and deter similar conduct in the future. These damages are not common in Oregon and are unavailable when the defendant was simply negligent. Punitive damages require that the defendant acted with malice or showed a reckless and outrageous indifference to a highly unreasonable risk of harm and acted with a conscious indifference to the health, safety, and welfare of others.

Examples where punitive damages might apply:

Drunk driving,
Assault or intentional harm,
Intentional, egregious violation of safety laws for personal or corporate benefit

Under Oregon law (Oregon Revised Statutes 31.730), punitive damages are subject to strict standards and must be proven by clear and convincing evidence. 70% of punitive damages go to the State of Oregon, not to the survivor, mostly to fund the Crime Victims Compensation Fund.

How Long Does a Personal Injury Case Take in Oregon?

There is no set timeline for how long an Oregon personal injury claim might take. Any claim must be filed with the Court within the time provided by law. Once a personal injury case is filed, in most Oregon counties, the courts work hard to bring the case to trial within a year after the filing date. For more complex cases, that might be extended to two years. Most cases settle before trial, but the fact that there is a trial date helps cases to settle.

For the small number of cases that are actually tried, some are subject to appeal. Every litigant in Oregon state courts has the right to appeal a trial result to the Oregon Court of Appeals. A small number of those cases are later considered by the Oregon Supreme Court. The appellate process can take a considerable additional amount of time.

What are the factors influencing the timeline?

Several key factors influence the time required for a personal injury claim to resolve.

Medical Recovery

As a generalization, most personal injury cases should not be settled until the person has made a sufficient recovery that their future medical needs can be reasonably estimated. However, sometimes a case needs to be filed before that time because of the running of a statute of limitations. In other cases, where there are limited resources available from the wrongdoer, a case might be filed earlier, particularly where the injuries are quite serious and there is only so much that can be recovered.

Liability Disputes

If the at-fault party (or their insurer) accepts responsibility, the claim usually moves faster. Where liability is denied, or the defendant claims the injured party shares fault or that a third party is also to blame, cases generally take longer. Sometimes litigation is needed in order to develop the evidence needed to determine fault, or shares of fault, and that process takes time.

Complexity of the Case

Cases involving multiple injured parties, product liability, some large corporate defendants, or hospital or other medical negligence often involve more legal issues and work.

Insurance Company Tactics

Sometimes insurance companies use tactics to pressure you into settling for less than is fair and reasonable. If they stall, make lowball offers, seek to have you examined by one of their professional medical witnesses, or require excessive documentation, your case may take longer.

Willingness to Settle

If liability is clear, and it is reasonably clear that the amount of resources (typically liability insurance) from the defendant is less than the injured person’s losses, cases tend to settle more promptly if both sides are motivated to settle fairly.

Who Are the Key Participants Involved in a Personal Injury Claim?

The key participants involved in a personal injury claim include the injured person (plaintiff), the at-fault party (defendant), insurance companies, attorneys, medical providers, and, in some cases, the courts. Each plays a unique role in how the case progresses and how compensation is determined.

The Injured Person (Plaintiff)

The plaintiff is the person who was harmed due to someone else’s wrongful conduct (or a dangerously defective product) and is seeking compensation for their losses. This individual initiates the claim and typically works with their attorney to gather documentation and other evidence, and make decisions about settlement or litigation.

The At-Fault Party (Defendant)

The defendant is the person, business, or entity that caused the injury. In most cases, the defendant’s role is limited, as their insurance company typically takes over handling litigation on the defendant’s behalf. That is less true for some major corporations, which have a more hands-on involvement.

Insurance Companies

Insurance companies play a central role in the claims and litigation process. The defendant’s insurer investigates the incident and handles pre-lawsuit negotiations. If the case goes to litigation, the defendant’s insurance company typically selects and pays for the defense law firm, which reports regularly to the insurance company about the progress of the case. The liability insurance company typically makes the decision whether and when to settle a personal injury case, and for how much.

In motor vehicle crash injury cases, there may also be an Underinsured Motorist (“UIM”) claim, in which the injured person’s own auto insurance company defends against the person’s claim made under the policy the person paid for. In UIM claims, the person’s own insurance company’s interests are adverse to the injured person, and the process is similar to the role insurance companies play for defendants.

In either case, the insurance company makes its money on the “float”: the time it keeps its policy premiums without paying out on a claim. The more of that money the insurance company can keep, and the longer it can keep it, the more money the insurance company can make. That’s one reason insurance companies often delay payments. Delaying payments has other benefits to the insurance company: the longer things take, the more that some injured people will go bankrupt and lose control over their claims, some will die for unrelated reasons, some will get into unrelated legal troubles, some will feel pressured into smaller settlements because they are under increasing financial stress, and some will simply give up.

Attorneys

People with serious injuries often retain personal injury attorneys to represent them. Their attorney gathers evidence, builds the case, negotiates with insurers, manages deadlines, and files and prosecutes a lawsuit if needed. Particularly if a case goes to litigation, the insurance company for the at-fault party provides a defense lawyer or law firm to protect the interests of the at-fault party (and the insurance company).

Medical Providers

Physicians and other medical professionals provide the treatment needed for recovery and in the process, create medical records that form the foundation of an injury claim. In some cases, they may be asked to give opinions or testify about the nature and extent of the injuries. Insurance companies typically have regular medical witnesses, often retired physicians who make their living helping insurance companies defend cases, who may become involved in a personal injury claim.

Expert Witnesses

Expert witnesses other than physicians are sometimes used to explain complex aspects of the case, such as how a vehicle crash occurred, in what ways a product was defective, or the long-term financial impacts of an injury. Their testimony can be important in supporting or challenging claims, especially when a case goes to trial.

The Court

If a lawsuit is filed, judges oversee the legal proceedings both before and during any trial. The pre-trial legal process may involve motions that are ruled upon by judges, and their decisions can greatly affect the outcome of a case. In the relatively few cases that go to trial, judges serve as referees about evidence and other matters, and instruct jurors on the law. It is the job of the jury to apply the law to the factual evidence admitted in the trial to try to make a fair decision about the case.

How much is my personal injury claim worth?

The “value” of a personal injury claim depends in part on the severity of your injuries, the financial losses you’ve suffered, the long-term impact on your life, what happened to cause your injuries, in which county the case is brought, the legal work that goes into preparing your case, how much insurance or other resources the defendant has, and how jurors perceive you and the defendant.

Each case is unique. There is no formula or algorithm that can be easily applied. Because no two cases are exactly alike, predicting the likely range of outcomes of a case is part of the service an experienced personal injury attorney provides.

What if I was partially at fault?

If you were partially at fault for causing your injuries, in Oregon you can still recover compensation—as long as you are not more than 50% responsible. Oregon follows a modified comparative negligence legal rule (outlined in Oregon Revised Statutes 31.600), which reduces your compensation based on your share of fault.

In a personal injury case, a percentage of fault may be assigned to each party involved in the incident. If the case goes to trial and you are found to be 50% or less at fault, you can still recover damages, but the total amount will be reduced in proportion to your amount of responsibility.

For example, if your total damages are $100,000 and you are found to be 30% at fault, your compensation would be reduced by 30%, and your judgment after trial would be $70,000.

However, if you are found to be more at fault than the defendant(s), you would not receive any compensation under Oregon law, even if the other party was also negligent.

Who Decides the Percentages of Fault?

Before a trial, such as during settlement negotiations, insurance companies may argue that you should be assigned a percentage of fault in order to argue for a lower settlement amount. If the case goes to trial, a jury will normally decide the percentage of fault for each party, based on the evidence presented and the legal instructions provided by the judge.

That’s one reason why strong pre-trial case preparation is crucial for protecting your claim and fairly minimizing your assigned fault.

Will my recovery be taxed in Oregon?

Personal injury recoveries for physical injuries are not subject to Oregon or federal income taxation.

The rules are often different for recoveries in cases that do not involve physical injuries, and punitive damages are always generally subject to income taxation. For those cases, it is best to get advice from a tax professional.

Will my personal injury case go to court?

The great majority of Oregon personal injury cases do not go to trial, and are instead resolved through out-of-court settlements with the insurance company. Many cases are resolved without ever filing a lawsuit. Of those cases that must be filed, most are resolved through negotiations at some point during litigation.

However, there is no guarantee that any particular case will not go to trial. Your case is more likely to be tried if the insurance company denies responsibility, refuses to offer a fair settlement, disputes the extent of your injuries, or has a major disagreement about how a jury would evaluate your losses. In such cases, your attorney may need to bring your case to trial in order to protect your rights. Going to court is always a possibility, but with strong evidence and capable legal representation, most injured people never have to appear before a judge or jury.

Can I get compensation without going to court?

Yes, you can get compensation without going to court. Most personal injury claims are settled through direct negotiations with the at-fault party’s insurance company or their lawyers, long before a trial becomes necessary.

Your attorney will typically submit a so-called “demand package” to the adverse insurance company, which is simply an offer to settle that is supported by documentation. The package generally would outline the relevant liability facts, your injuries, medical costs, lost wages, and other damages. If liability is clear and your damages are well-documented, the insurer may offer a settlement without requiring you to file a lawsuit.

What Are Key Personal Injury Laws in Oregon?

Oregon’s personal injury laws establish how people injured by wrongful conduct can seek compensation, how liability is determined, and what deadlines apply. A basic understanding of some of these laws is helpful if you’ve been injured due to someone else’s wrongdoing.

Statute of Limitations (see ORS 12.110)

In Oregon, an adult typically has 2 years to file a personal injury lawsuit in the courts (3 years for many wrongful death cases). If you miss the applicable deadline, your case can be permanently dismissed. You can learn more about this in our blog, as statutes of limitations and related legal deadlines are a complex subject.

Comparative Negligence (see ORS 31.600)

Oregon follows a modified comparative negligence rule. If you are 50% or less at fault, you can still recover damages, but your compensation is reduced by your percentage of fault. If you’re more at fault than the defendant(s), you are barred from recovery entirely.

Damage Caps

Oregon law generally does not enforce arbitrary caps or limits on damages in personal injury cases, except in wrongful death claims and in claims against government entities. For wrongful death claims, non-economic damages are currently limited to $500,000, but there is no cap on economic damages. For most personal injury cases against Oregon government bodies, there are caps set by the Oregon Tort Claims Act; these caps are adjusted annually, and are lower for local governments and higher for the State of Oregon itself.

Personal Injury Protection (see ORS 742.520)

Oregon requires almost all private auto insurance policies to include Personal Injury Protection (PIP). This coverage helps to pay for medical bills, lost wages, and essential services up to at least $15,000, regardless of who was at fault in a motor vehicle crash.

Government Liability Notice Requirements (see ORS 30.275)

If your injury involves a city, county, or state agency or employee, you must generally submit a notice of claim within 180 days of the incident (270 days for children, and a year for wrongful death). The notice deadlines are much shorter than the deadlines for filing a case. Different rules apply in federal court.

What Mistakes Should You Avoid During the Personal Injury Claims Process?

Avoiding common mistakes during the personal injury claims process can significantly improve your chances of recovering fair compensation. Even a seemingly small misstep can create problems that may result in a claim being lost or compromised.

Delaying Medical Treatment

One of the most damaging mistakes is waiting too long to seek medical care after an injury. If you don’t see a doctor or go to the hospital right away, the insurance company may argue that your injuries weren’t serious or weren’t caused by the incident.

Giving a Recorded Statement to the Insurance Company

Insurance adjusters often ask for recorded statements early in the process in order to create a record that may be used against you. Never give a recorded statement to an insurance company without first speaking to a personal injury attorney. Anything you say could be taken out of context or used to dispute liability or downplay damages.

Giving a Medical Authorization to the Insurance Company

Insurance companies often ask people to sign broad medical authorizations that allow them to obtain medical information unrelated to the injuries involved in the case. The medical records may then be put in a national database that can be used against you in the future. It’s a good idea to consult with a personal injury attorney before signing anything from the insurance company.

Admitting Fault or Downplaying Your Injuries

Even polite apologies or statements like “I’m okay” can be interpreted as admissions of fault or admissions that your injuries aren’t serious. Comments like these can unfairly damage your claim.

Posting on Social Media

Sharing photos, updates, or posts on social media may seem harmless, but insurance companies and their lawyers will use that information against you. Most personal injury attorneys ask that their clients simply stop posting on social media after an injury. However, social media should never be deleted, as the other side may accuse you of destroying evidence.

Settling Too Quickly

After an injury, the insurance company may offer you a fast settlement, often before you fully know or understand the extent of your injuries or how your injuries may affect your life and future. While it may be a smart business practice for the insurance company, accepting a quick settlement waives your right to future compensation, even if your condition worsens. It’s best to wait until you have a clear medical picture, and to consult with an experienced personal injury attorney who can help evaluate the fair value of your claim.

Missing the Statute of Limitations

Adults generally have 2 years from the date of injury to file a lawsuit in Oregon, although there are multiple exceptions and variations, sometimes involving much shorter notice periods. Missing these deadlines almost always results in losing your right to compensation, no matter how strong your case otherwise may be. Part of the attorney’s job is to determine the applicable statute of limitations or other deadlines, and help make sure you meet them.

Not Hiring an Attorney Early Enough

Trying to handle your claim alone, especially in serious injury cases, can lead to critical errors. An experienced personal injury attorney can protect your rights, manage deadlines, gather evidence, and negotiate effectively with insurers. An important part of the attorney’s work is best done shortly after the injury incident, when evidence can be obtained that otherwise might be lost. Waiting too long to involve an attorney can limit your legal options and weaken your case. Waiting until close to a statute of limitations is almost always a serious mistake.

Why do I need a lawyer for a personal injury claim?

Sometimes you don’t. But for any serious injury, you need a lawyer for a personal injury claim because insurance companies are trained to minimize settlements, and an experienced personal injury attorney knows how to protect your rights, maximize your fair compensation, and handle the legal complexities of your case. While you’re recovering from your injuries, your lawyer will take on the burden of investigation, negotiation, and (if necessary) litigation.

You are not legally required to hire an attorney for a personal injury claim in Oregon, but trying to go it alone after a serious injury often results in less compensation, more stress, and greater risk. A good attorney helps to level the playing field, ensures that important details are handled correctly, and gives you the best possible chance at a successful outcome.

Why Choose a Local Personal Injury Attorney?

Choosing a local personal injury attorney gives you the advantage of local knowledge, courtroom experience, and community connections that can directly improve the outcome of your case. While many lawyers advertise statewide or nationally, a local attorney who practices in your area understands how personal injury law is applied where the case will be handled.

While you have many choices when hiring a personal injury attorney, working with someone who knows your local laws, courts, and community can make a meaningful difference in the quality of your representation and ultimately, the size of your settlement or verdict.

When considering which local personal injury attorney is best for you, it is fair to ask about their trial experience, as ultimately it is (only) the threat of a successful trial for the injured party that causes insurance companies to settle. It is also a good idea to learn about the kinds of cases the attorney likes to handle, their specific experience with your kind of case, and their communication style. You will want to meet with the attorney before making your decision, as personal chemistry is an important part of a relationship that deals with stressful matters and may go on for some time.

How much does it cost to hire a personal injury lawyer in Eugene?

Hiring a personal injury lawyer in Eugene typically costs you nothing up front. Most attorneys who do this kind of work do so on a contingent fee basis, meaning they only get paid for their services if they win your case. Normally, if you don’t receive a recovery, you don’t owe any attorney fees.

In a contingent fee arrangement, your attorney receives a percentage of your final settlement or court recovery — usually between 33% and 40%, depending on the complexity of the case and whether it goes to trial, although that percentage typically excludes things such as bankruptcy and collections matters, and appeals.

For example, if your case settled for $90,000 and your attorney’s fee is a third, the attorney would be paid $30,000 for their time and services, and they would be reimbursed for any costs they advanced for prosecuting your case.

The general comments made above are intended for educational and informational purposes, and not to provide legal advice about any particular person or case.

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