Caps on Pain & Suffering Damages in Oregon After Busch
Oregon's $500,000 cap is gone for people who survive their injuries.
The old cap
ORS 31.710(1), enacted in 1987, limited noneconomic damages in civil actions for bodily injury, death or property damage to $500,000, and the jury was not told of the limit.
Busch (2020)
On July 9, 2020, five of seven justices held that the cap violated the Remedy Clause of Article I, section 10 of the Oregon Constitution. A jury had awarded $10.5 million in noneconomic damages to a pedestrian who lost a leg, and the trial court reduced it to $500,000.
How far it goes
The court said its decision is limited to the circumstances the case presented and expressed no opinion on caps in other cases. Commentators describe the cap as unconstitutional as applied to personal injury cases other than wrongful death.
The wrongful death cap
The 2021 Legislature applied the cap specifically to wrongful death actions, on the theory that wrongful death is a statutory claim. See the wrongful death pages for how courts are treating it.
Public bodies
Claims against public bodies use separate Tort Claims Act limits, listed for 2026-27 at $2,708,100 for one claimant against the State and $902,700 against a local public body.
A local personal injury attorney can review your claim — many offer a free consultation.
Official sources
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.