If you have been hurt in an accident in Oregon, you have legal rights that are specifically designed to protect you and ensure you receive fair compensation for your losses. Unfortunately, insurance companies would prefer you did not fully understand those rights. Here is a comprehensive explanation of every right you have, what each right means in practical terms, and how to exercise those rights effectively.
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You Have the Right to Pursue Full Compensation for All Your Losses
Under Oregon common law, anyone who has been injured as a result of another person's negligent conduct has the right to seek compensation. Oregon's negligence framework requires that the defendant's conduct unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff. This foundational principle, established in the landmark Fazzolari decision, remains the cornerstone of Oregon negligence law.
The compensation available to you is divided into two categories. Economic damages cover all measurable financial losses: past and future medical expenses including surgeries, hospitalization, physical therapy, medications, diagnostic imaging, and assistive devices; lost wages from the date of the accident through your recovery; diminished future earning capacity if your injuries limit your ability to work; property damage to your vehicle and personal belongings; rental car expenses; and incidental costs like mileage to medical appointments, parking fees at hospitals, and prescription co-pays.
Noneconomic damages compensate for losses that are real and significant but cannot be measured with receipts: physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, loss of consortium — meaning the impact on your relationship with your spouse — and permanent disability or disfigurement. Oregon does not cap noneconomic damages in most personal injury cases, so a jury can award an amount that truly reflects the magnitude of your suffering.
You Have the Right to Refuse Any Settlement Offer at Any Time
Insurance companies frequently contact accident victims within days, sometimes hours, of a crash with a settlement offer. These offers are designed to close the claim before you understand the full extent of your injuries, consult with a lawyer, or calculate the true value of your case. You are under absolutely no legal obligation to accept any settlement offer.
Here is why early offers are almost always inadequate: they typically account only for the medical bills you have already incurred, ignoring future treatment costs entirely. They assign little or no value to lost earning capacity if your injuries affect your ability to work. And they include only a token amount for pain and suffering, if anything at all. Once you sign a release and accept a settlement, the matter is permanently closed. You cannot reopen the claim when you discover that your injuries require surgery, that you have developed chronic pain, or that you can no longer perform your job.
You Have the Right to Personal Injury Protection Benefits Starting Immediately
If you were insured under an Oregon auto insurance policy at the time of the accident, you are entitled to personal injury protection benefits regardless of who was at fault. PIP is a no-fault benefit that provides immediate financial relief while your liability claim is being processed.
Under ORS 742.524, Oregon PIP coverage provides up to $15,000 for reasonable and necessary medical, hospital, dental, surgical, ambulance, and prosthetic services incurred within two years after the date of your injury. Medical expenses submitted to the PIP insurer are presumed to be reasonable and necessary unless the insurer denies the claim in writing within 60 calendar days of receiving it. If you are employed and your disability continues for at least 14 days, PIP covers 70 percent of your lost income from work up to $3,000 per month for an aggregate of 52 weeks. If you are not employed but perform essential household services, PIP covers the reasonable cost of hiring someone to perform those services during your disability, up to $30 per day for 52 weeks, provided the services are performed by someone who does not reside in your household. PIP also provides up to $5,000 for reasonable and necessary funeral expenses.
These benefits are available to the named insured, family members residing in the same household, passengers occupying the insured vehicle, and pedestrians struck by the insured vehicle. PIP benefits are separate from and in addition to any compensation you receive from the at-fault driver's liability insurance.
You Have the Right to Hire an Attorney Before Speaking With Any Insurance Company
You have the absolute right to consult with and hire an attorney before speaking with any insurance company, giving any recorded statement, or signing any document. Most personal injury attorneys work on a contingency fee basis, which means you pay nothing upfront and nothing at all unless the attorney recovers compensation for you. The attorney's fee is a percentage of the settlement or verdict, and if there is no recovery, you owe no legal fees.
Having an attorney does not mean you are being unreasonable. It means you are exercising a legal right to have someone with specialized knowledge protect your interests against insurance companies that have teams of adjusters, medical reviewers, and defense lawyers all working to minimize what they pay you.
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Your Rights Are Subject to Strict, Non-Negotiable Deadlines. Oregon imposes firm deadlines on personal injury claims that cannot be extended or waived. Under ORS 12.110, the statute of limitations for personal injury is two years from the date of the accident. Wrongful death claims under ORS 30.020 must be filed within three years. Claims involving government entities under the Oregon Tort Claims Act may have additional notice requirements with even shorter deadlines.
Missing any of these deadlines will result in the permanent loss of your right to compensation, regardless of how strong your case may be. The clock starts running on the date of the accident, and there are very limited exceptions for tolling.
Schedule Your Free Consultation Today
Understanding your rights is the first step. Taking action is the second. Our Portland personal injury attorneys are ready to help you protect those rights. Contact us today for a free consultation where we will review your case, explain your options, and help you pursue the full compensation Oregon law entitles you to receive. Call (503) 227 1233 for a free consultation with a Portland personal injury attorney.