Oregon

Talk to an Oregon Attorney Who Knows the Local Rules

Here's the Oregon fact that surprises everybody: win punitive damages in this state and ORS § 31.735 sends 70% of the award to Oregon's crime-victims fund — you keep 30%. It tells you something about how this state writes law. Oregon courts threw out the medical-malpractice damages cap, the legislature made most non-competes nearly unenforceable, and the consumer-protection statute pays a $200 minimum per violation so small claims stay worth bringing. The flip side: a 51% fault bar, and a 180-day notice deadline for claims against public bodies that has quietly killed more good cases than any jury.

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30%. Under ORS § 31.735, the other 70% of any punitive award goes to the state — specifically the Criminal Injuries Compensation Account that funds crime-victim services. On top of the split, ORS § 31.710 caps punitives at the greater of $500,000 or four times your economic damages, with exceptions for certain claim types. No other state takes a cut this large, and it changes strategy: Oregon lawyers build cases around compensatory damages first and treat punitives as leverage rather than the prize.
The notice, easily. Everyone has heard of a statute of limitations; almost nobody outside the profession knows that ORS § 30.275 requires a formal Notice of Tort Claim within 180 days when the defendant is the state, a county, a city, a school district, or any other public body. Miss it and the two-year statute under ORS § 12.110 won't save you. If there's any chance a government entity is in your case — a TriMet bus, a poorly maintained county road — that 180-day clock is the one to obsess over.
Not the way there is in most states. The Oregon Supreme Court struck down the application of the $500,000 damages cap in Klutschkowski v. PeaceHealth (2013), and subsequent decisions have extended the constitutional reasoning against capping a jury's award. That leaves Oregon among the more plaintiff-friendly med-mal jurisdictions in the country. The cases are still expert-heavy and expensive to bring, so screening — finding counsel who can fund and prove the claim — matters more than the cap question.
It depends entirely on the date. Measure 110 decriminalized small-amount possession starting in 2021, replacing arrests with citations. In 2024 the legislature rolled that back, and as of September 2024 simple possession is again a misdemeanor — though with deflection and treatment pathways built in, and they vary by county. Conduct from the decriminalized window is treated differently than conduct after the rollback, so the timeline of your case is the first thing a defense lawyer will pin down.
That's PIP — personal injury protection — and it's built into every Oregon auto policy at a minimum of $15,000 per person under ORS § 742.520. Oregon is still a fault state; PIP just means your treatment gets paid promptly while liability is sorted out, and your insurer recoups from the at-fault driver's carrier later. Don't mistake a PIP payment for a settlement: your claim against the other driver for full damages, including pain and suffering, is separate and very much alive.
They can ask, but the agreement is void unless it clears the hurdles in ORS § 653.295 — and most don't. The employer must give written notice before you start (or tie the covenant to a genuine promotion), you must earn above the statutory salary threshold, and since the 2021 amendments the restriction can't run longer than 12 months. Agreements that flunk any requirement are unenforceable, not merely trimmed back. If a former employer is waving a non-compete at you, have an Oregon lawyer read it before you panic.

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