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Modified Comparative Negligence - 51% Fault Bar Under Oregon Law

Negligence Law

Modified Comparative Negligence (51% Bar)

Oregon follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.

Damage Caps

No Cap

No limit on non-economic damages

Statute of Limitations

2 years for personal injury

Deadline to file your lawsuit

Understanding Oregon's Negligence Law

What is Modified Comparative Negligence (51% Bar)?

Oregon follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.

Example:

If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.

Damage Caps in Oregon

Additional research needed for specific cap amounts

Personal Injury Statistics in Oregon

Average Settlement

$0

Based on reported cases in Oregon

Cases Filed Annually

16,215

Personal injury lawsuits per year

In-Depth Guide to Oregon Personal Injury Law

Notable Oregon Personal Injury Cases
Landmark cases that shaped Oregon law

Oregon follows modified comparative negligence with a 51% bar rule. The Sandford v. Chevrolet Division (1981) case established important product liability standards.

Oregon's timber industry has produced significant workplace injury litigation. Logging accidents and sawmill injuries create complex liability cases.

The state has seen notable bicycle accident cases, with Portland's cycling culture creating unique liability questions for drivers and the city.

Filing a Lawsuit in Oregon
Court procedures and requirements

Oregon personal injury cases are filed in Circuit Court, with 27 judicial districts. Multnomah County (Portland) handles the most civil litigation.

Oregon follows the Oregon Rules of Civil Procedure. The state uses case management and pretrial conferences.

Oregon courts have mandatory arbitration for cases under $50,000. Settlement conferences are encouraged for larger cases.

Choosing a Personal Injury Attorney in Oregon
What to look for in local representation

Oregon attorneys are licensed by the Oregon State Bar. For personal injury cases, experience with Oregon's 51% bar rule is essential.

The Oregon Trial Lawyers Association is the state's primary plaintiff attorney organization. Environmental and timber industry experience is valuable.

Contingency fees typically range from 33-40%. Oregon has no general damage caps, though medical malpractice has specific limits.

Understanding Oregon's Statute of Limitations
Critical deadlines for your claim

Oregon's statute of limitations for personal injury is 2 years under ORS § 12.110. This applies to most negligence claims.

Medical malpractice also has a 2-year limit with a 5-year statute of repose. Claims against Oregon government entities require 180-day notice under the Oregon Tort Claims Act.

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This calculator provides estimates only and is not legal advice. Laws in Oregon are complex and individual case results vary. Consult a licensed Oregon attorney for advice specific to your case.

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