Effective January 1, 2012, ORS 20.080 increases 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.  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.  Torts can arise from either intentional or negligent conduct, and include personal injuries and property damage.  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.  In sum, ORS 20.080 makes smaller injury cases worth pursuing for personal injury clients and their attorneys.  For more on how this statute works, see my blog called “The Power of 20.080.”

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 an automobile collision caused by another driver’s negligence, received soft tissue injures, and underwent physical therapy or chiropractic treatment; your case might be perfect for ORS 20.080.  I represent clients in the Portland, Multnomah, Clackamas and Washington Counties and throughout Oregon.  To learn more, call Travis Mayor at (503) 288-8000, ext. 109 for a free consultation.

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