Does Oregon Have a Punitive Damage Cap?

Posted on behalf of RizkLaw on Nov 08, 2022 in Personal Injury

Personal injuries can occur when someone’s negligent behavior causes another person to suffer severe injuries or damages. While some may only suffer minor bruising and property damage, others may encounter debilitating and life-threatening harm. If the injured individual decides to pursue legal action against the responsible party, they may be able to recover losses like medical fees, treatment costs, lost wages, emotional distress, and many others. 

If a judge deems the negligent act extremely dangerous, they may also award punitive damages. A judge will award punitive damages to punish the responsible party and discourage others from acting similarly. Since punitive damages are rarely granted, there must always be a clear indicator of fault. If you’re interested in whether your claim may fall under possible punitive damages, speak with Rizk Law’s lawyers today. We can help you with every step of the legal process to make sure you get the compensation you may deserve. 

Does Oregon Have a Punitive Damage Cap?

Punitive damages can be a bit complicated. While many believe there should be no cap on the awarded amount, others argue that punitive damages are unconstitutional. Oregon has gone back and forth between the decision of a punitive damage cap. However, the current decision comes from Horton v. Oregon Health & Science University, where the Supreme Court reduced the punitive damages cap from $10 million to $500,000. 

Another aspect that stirs controversy is that 70% of any punitive damages awarded to the plaintiff are then given to the state of Oregon. This is because punitive damages are provided as a punishment to the defendant, not an award to the plaintiff. If you have further questions about what this may mean for your case, speak with your lawyer about the various factors that determine punitive damage within a claim.

Should You Talk to Your Lawyer About Punitive Damages For Your Case?

When navigating a personal injury claim, you may question the types of compensation you may recover, along with how much you’re eligible to receive. It’s challenging to identify the exact amount of compensation you may be eligible for without a background in personal injury law. A lawyer will have the experience and resources to protect your rights and recover the compensation you deserve. 

The following are a few examples of how an Oregon personal injury lawyer can assist you:

  • Reviewing legal documents for issues
  • Answering your questions about the claim
  • Investigating your claim thoroughly
  • Negotiating settlement offers
  • Gathering evidence and information about the claim
  • Establishing the other individual’s fault
  • Discussing claims with insurance companies

When you partner with an experienced lawyer, you’ll have a trustworthy legal professional to protect and advocate for your interests. The sooner you speak with your lawyer, the more time they have to investigate your claim and answer any of your questions.

Contact Attorney Richard Rizk for an Experienced Attorney

When you work with one of our compassionate and hard-working Rizk Law lawyers, you have individuals who will put you and your needs first. We represent and advocate for your rights and interests throughout the claim process and will provide you with the best possible outcome. Keeping our community safe is a foundational belief for our lawyers. 

If you are questioning whether it’s worth pursuing legal action against a negligent individual, especially if you want to look into punitive damages, speak with one of our team members as soon as possible. We will offer our legal counsel and guidance on your best options. Call us at (503) 245-5677 or fill out our contact form today.