ORS 20.080 Limits Increase for Oregon Small Injury Claims
Effective January 1, 2012, Oregon Revised Statute ORS 20.080 increases the applicable limits for Oregon small injury claims to $10,000. This means personal injury victims and claimants in the Portland area and throughout Oregon can seek up to $10,000 in damages, which can include medical expenses, lost wages and/or non-economic damages for pain and suffering using the process defined in the ORS 20.080 statute. If the at-fault person (tortfeasor) or that person’s insurance company does not comply then the claimant can also seek their attorney’s fees in addition to $10,000. ORS 20.080 applies to all torts, which are civil wrongs that cause injury, loss or damage, such as Oregon car, motorcycle, bicycle, or pedestrian accidents. Torts can arise from either intentional or negligent conduct, and include personal injuries and property damage.
ORS 20.080 Is an Effective Means of Settling Claims for Whiplash and Soft Tissue Injuries
One of the most common and effective ways a personal injury victim can use ORS 20.080 to their advantage is in motor vehicle collisions involving bruising, whiplash and soft tissue injuries. If the resulting injuries from the collision or auto accident are the type that are typically treated by a chiropractor or physical therapist and of the kind where an insurance company will try to downplay and minimize them, ORS 20.080 provides the injured person a tool to make the insurance company and negligent person make serious settlement offers. If they do not, then they are exposing themselves to attorney’s fees. Also, while the increase in damage limit from $7,500 to $10,000 does not go into effect until January 1, 2012, it applies to claims where the person was injured prior to the effective date. That means that someone who was injured in 2011 can make a written demand on the at-fault person and his/her insurance company for $10,000 under ORS 20.080 after January 1, 2012.
If you were injured in any kind of accident, including a car accident, motorcycle or bicycle accident, or pedestrian accident caused by another person’s negligence, and underwent physical therapy or chiropractic treatment for soft tissue injuries, then your case might be perfect for ORS 20.080. In summary, ORS 20.080 makes smaller injury cases worth pursuing for personal injury clients and their attorneys. For more on how Oregon Revised Statute ORS 20.080 works, review my blog “The Power of 20.080,” and FAQs for Small Injury Cases.
If you have been injured in a car accident caused by another driver’s negligence, and received major or minor injures, you need to contact a Portland personal injury attorney. You may have a better case than you realize! Even if you have a smaller case, you should speak with a lawyer to help you determine if you need an attorney. I work on contingency fee basis (meaning: I don’t get paid unless you do), and provide aggressive, professional legal representation . My initial consultations are always free, so call me at (503) 444-2825, or email at travis@mayorlaw.com to discuss your case.
Travis Mayor, Oregon Personal Injury Attorney
I represent personal injury and accident victims in the Portland Metropolitan Area, Multnomah, Clackamas and Washington Counties, and throughout the state of Oregon. I provide this Blog as an educational and informational service for Oregon residents – it is not intended to be legal advice, as every case is unique and should be accurately evaluated. If you or a family member have been in an accident and would like a FREE professional consultation with an attorney, call me at (503) 444-2825, or email at travis@mayorlaw.com to learn more about your legal rights.
Learn more at: www.mayorlaw.com