FB Oregon’s $500,000 Damages Cap Is Deemed Unconstitutional

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Oregon’s $500,000 Damages Cap Deemed Unconstitutional

In a recent Oregon Supreme Court ruling, the state’s cap on damages in lawsuits was ruled unconstitutional. Since 1987, Oregon had in place a $500,000 limit on non-economic damages—known as “pain and suffering” damages—that plaintiffs could be awarded in a lawsuit. This limit, known as a cap, “deprived injured plaintiffs of the right to recover damages assessed for breach of [defendants’] duty,” Chief Justice Martha Walters determined. Plaintiffs that had been granted more than $500,000 by a jury would have their awards reduced down to the cap.

This decision means that injured plaintiffs in Oregon may be able to recover the full amount of non-economic damages originally awarded by a jury. This includes children and their mothers injured at birth asserting medical malpractice claims and seeking to recover damages. Compensation for economic damages (such as tangible damages like hospital bills, or loss of ability to earn a living) and non-economic damages (pain and suffering) in a birth injury lawsuit may help cover the costs associated with life-long care of your child, as well as the emotional distress your family has endured due to the injury.

The amount you may be able to recover depends on the circumstances of your case. Our birth injury attorneys work with medical experts to help quantify potential damages. If your child was injured at birth and you believe a medical mistake occurred, contact us today for a free consultation by dialing (877) 262-9767 or by using the contact form on our website.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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