Wrongful Death Law in Oregon: Caps on Non-Economic Damages

ORS 31.710 limits the amount of non-economic damages to $500,000 in wrongful death cases.  In other words, any damages for non-economic things such as loss of care, comfort, companionship and society, pain, mental suffering or loss of consortium, are limited to $500,000. 

This does not “cap” the amount of economic damages that are recoverable.  Economic damages are verifiable monetary losses such as medical expenses, burial and memorial expenses, and loss of income.

The “cap” also does not apply to punitive damages, if punitive damages are found to be appropriate.

Under ORS 31.710, a jury is not allowed to know about this cap on damages, so even if a jury awards a personal representative of a decedent over $500,000, the Judge will reduce the award to this amount.