Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

With no statutory cap for survivors, Oregon juries decide how much severity is worth.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

No ceiling

After Busch, a jury can award pain and suffering without the $500,000 limit; in that case the jury awarded $10.5 million in noneconomic damages to a plaintiff who lost a leg.

Your fault

You recover if your fault is not greater than the combined fault of the others, and your damages are diminished by your percentage.

Several liability

Liability of each defendant is several only, so a large noneconomic award against a defendant with a small share of fault may not translate into a large check.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Oregon's rules apply to your specific case with a licensed Oregon attorney.