Oregon: Economic vs. Non-Economic Damages, Explained

One statute, two very different outcomes — depending on whether the claim arises from death or survival.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In an Oregon personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain, suffering, and similar nonpecuniary harm. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Why death and survival produce different outcomes

Oregon's wrongful death action is itself a creature of statute — it didn't exist at common law, and the legislature has historically kept its recovery limited. An ordinary bodily injury claim, by contrast, has deeper common-law roots and a correspondingly stronger constitutional "remedy clause" argument against a severe cap. That distinction is why the same $500,000 figure in ORS 31.710 has survived scrutiny for wrongful death claims while repeatedly failing as applied to ordinary serious injury claims.

Economic damages are never touched, either way

Regardless of which category a claim falls into, ORS 31.710 only ever limits noneconomic damages. Economic damages — medical bills, lost wages, lost future earning capacity — are never capped under this statute in either a wrongful death or an ordinary bodily injury claim.

The scale of the reduction that triggered the ruling

In the case that settled this question for ordinary bodily injury claims, the cap would have cut the plaintiff's noneconomic award from $10,500,000 down to $500,000 — a reduction the Oregon Supreme Court found too dramatic to survive the Oregon Constitution's remedy clause without some offsetting benefit to the plaintiff, which the statute didn't provide.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in an Oregon personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in an Oregon personal injury claim?

Non-economic damages are nonpecuniary harm — pain, suffering, and similar losses that don't come with a dollar receipt.

Why does the same statute produce such different outcomes for death versus injury claims?

Because Oregon's wrongful death action is itself a creature of statute with a long history of limited recovery, while an ordinary bodily injury claim has deeper common-law roots — so capping it more severely implicates the Oregon Constitution's remedy clause differently.

Does Oregon's cap apply to economic damages?

No. ORS 31.710 applies only to noneconomic damages. Economic damages like medical bills and lost wages are never capped, regardless of whether the claim is for wrongful death or ordinary bodily injury.

What was the actual noneconomic reduction at stake in the case that settled this question?

In Busch v. McInnis Waste Systems, the cap would have reduced the plaintiff's noneconomic damages from $10,500,000 to $500,000 — a reduction the Oregon Supreme Court found too dramatic to survive constitutional scrutiny.

This page provides general guidance only and is not legal advice. Figures are based on ORS § 31.710 and Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), verified per our methodology. Confirm what counts toward a specific claim with a licensed Oregon attorney before acting.