Oregon — Non-Economic Cap
No cap
Struck down 1999 (Lakin v. Senco)
The rule at a glance
- Non-economic cap
- Struck down 1999 (Lakin v. Senco)
- Economic damages
- Past + future medicals, past + future wage loss, household services. Not capped.
- Present value of future damages
- Reduce future streams to present value using 3% net discount rate; adjust for life expectancy.
- Collateral source rule
- Oregon — follow state collateral-source doctrine; verify whether insurance payments are admissible.
- Statutory reference
- Prior ORS §18.560 (invalid)
Common pitfalls in Oregon
- Pleading aggregate damages without explicit non-economic line-item — caps apply per-defendant and per-occurrence, not in bulk.
- Forgetting that economic damages (meds, wages, life care) are generally uncapped and should carry the weight of the demand.
- Using gross future-medical totals without reducing to present value — opposing economists will deduct it and the jury may see the gap.
- Failing to preserve the constitutional challenge if the cap applies — preservation matters if the state supreme court revisits.
Frequently asked questions
What is Oregon's medical malpractice damages cap?
Struck down 1999 (Lakin v. Senco)
Does Oregon's cap apply to economic damages?
No. Oregon's cap targets non-economic damages only. Past and future medical expenses, wage loss, life-care plan costs, and household services remain uncapped and should anchor the demand.
How do I calculate present value of future damages in Oregon?
Reduce future medical + wage streams using a net discount rate (typically 2-4%). Most plaintiff economists use the uniform-annuity PV formula with state-specific life-expectancy tables. The calculator below applies this automatically.
Is Oregon's damages cap constitutional?
Oregon's cap was struck down as unconstitutional. Caps may return via future legislation or a contrary ruling; check current statute before relying.
Calculate Oregon damages value
Enter past med, past wages, future med, future wages, and a non-econ multiplier. Get present-value totals with cap applied.
Calculate damages →
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