Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
Several liability: each defendant pays their own share
Oregon has abolished joint and several liability. Under ORS 31.605, the several liability of each defendant and third-party defendant is set out separately in the judgment, based on their own individual percentage of fault. No single defendant can generally be forced to cover a share of the judgment beyond what they were actually found responsible for.
Why this matters at the negotiating table
In a claim involving more than one at-fault party, this structure means collecting the full value of the claim may require pursuing recovery from each defendant separately, rather than relying on a single well-insured defendant to cover the whole amount. A settlement offer from just one defendant's insurer should be weighed with that in mind — it may represent only that defendant's proportional share, not the full value of the claim.
Settled defendants still count toward the fault calculation
Oregon's comparative fault framework allows a jury to compare the fault of all parties, including defendants who have already settled out of the case. This can affect how the remaining, non-settling defendants' shares are ultimately calculated — worth understanding if a case involves multiple defendants settling at different times.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.