Wrongful Death Cap in Oregon After Ritchie and Fisher
Oregon's wrongful death cap is real, but whether it holds depends on the record.
The statute
ORS 31.710 limits noneconomic damages in a civil action for the wrongful death of one person to $500,000. The jury is not told of the limit, and economic and punitive damages are outside it.
Why wrongful death is different
After Busch struck the cap for survivors, the Legislature applied it to wrongful death, on the theory that wrongful death is a statutory creation rather than a common-law claim. Before Busch, Greist had upheld the cap in a wrongful death case.
Ritchie (Feb. 11, 2026)
The Court of Appeals upheld the cap as applied where a jury awarded $2,891,588 in economic and $2,108,412 in noneconomic damages. Applying the cap left $3,391,588, a constitutionally substantial remedy on that record. The Supreme Court denied review on May 21, 2026, which is not a merits ruling.
Fisher (July 1, 2026)
On a different record, the court held that reducing a $20 million noneconomic award to $500,000, where no economic award remained, violated Article I, section 10. It rejected a facial challenge and announced no ratio test.
A trial court view
In the Gilbert colonoscopy-death case, a Multnomah County judge refused to apply the cap to a $20.5 million noneconomic award, a trial-level ruling that is not the statewide rule.
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.