Compensation to a party injured in an Oregon car accident may be limited. Only certain types of recovery are permitted in Oregon, and that recovery is subject to a statute of limitations.
Pain, Suffering and Permanent Disability
Oregon courts permit a party to receive compensation for pain and suffering. This applies to past, current and any future discomfort the injured party has or will experience. Additionally, Oregon permits injured individuals to recover for any permanent disability. These two types of compensation are often combined in Oregon because they are calculated through estimates provided by expert witnesses. Often, a single award will be given for both types of compensation in Oregon.
Emotional Distress
Unlike other states, Oregon permits injured parties to sue for emotional distress. Emotional distress refers to the mental aspects of the auto accident, such as fear, anger and sadness at the injury, whether or not permanent. Depression, anxiety and panic attacks are other types of emotional distress recognized in Oregon. While emotional upset may be difficult to prove, Oregon courts are open to evidence of the previous or current existence.
Medical Expenses
Like most states, Oregon permits injured parties to recover medical costs associated with the injury. These costs are often the exact dollar amount spent out-of-pocket by the injured party.
Loss of Income
Oregon courts are often very willing to award an injured party for loss of income resulting from the injury. Lost income, both past and future, must be presented through clear evidence, however.
Statute of Limitations
Despite being rather lenient towards injured parties, Oregon has a two year statute of limitations for such claims. This means that if compensation for injury from an auto accident is not claimed or sought within two years of the accident the injured party will not be able to recover.
Getting Legal Assistance
If you have been injured in a car accident in Oregon, seek legal assistance with your claim. The compensation you seek may be limited by the time in which you file your case and the types of costs you sustained.
