Oregon vs. Washington: Which State Has Better Injury Laws for Portland Residents?

As a Portland resident, you’re used to life just minutes from the Washington state line. It’s common for Portland residents to cross over the Columbia River into Washington on a regular basis, whether for work, entertainment, shopping, or dining. But while life in Portland and Washington may feel similar, they do not have the same personal injury laws.

If you’re hurt in an accident, the state law that applies to your accident can make a significant difference in the outcome of your case. Unfortunately for those who live in Portland, Oregon’s personal injury laws tend to be less favorable to victims than Washington’s.

This doesn’t mean you’re out of options, but it does mean you need to act quickly and work with a Portland personal injury lawyer who knows the shortcomings in Oregon’s laws—and how to work around them. Call Philbrook Law to explore your options now.

Statute of limitations: Shorter window in Oregon

One of the ways in which Oregon falls short is its statute of limitations. In Oregon, most personal injury lawsuits must be filed within two years of the accident, giving victims relatively little time to take action against the at-fault party. In comparison, Washington state typically gives victims three years to initiate a claim.

One extra year may not sound like much when you’re talking about a personal injury claim, especially since it’s typically recommended that you start your claim as soon as possible. However, personal injury cases take time—especially complex ones. The time needed for investigating injuries, gathering documentation, and talking to expert witnesses all adds up. Washington accident victims have a little more breathing room when it comes to actually filing their lawsuit against the at-fault party.

What does this mean for you? It means that moving quickly after an accident is non-negotiable. The sooner you start your claim against the other party, the better chance you have of recovering fair compensation.

How Oregon restricts recovery through damage caps

Oregon state law also has limits on some types of compensation in personal injury claims. While the Oregon Supreme Court has struck down the state’s $500,000 cap on non-economic damages in personal injury claims as unconstitutional, this cap does still apply in some cases. In certain wrongful death claims non-economic damages are capped at $500,000.

In comparison, Washington does not have compensation caps in personal injury or wrongful death claims. Juries can award the amount they believe is fair based on the evidence presented to them.

This is a significant disadvantage for Oregon residents. Imagine two families who both lost a loved one to an impaired driver. One lives in Oregon and one lives in Washington. The Washington family has no cap on non-economic damages, while the Oregon family is capped at $500,000. The Washington family receives over $1 million for the loss of companionship and support that their loved one provided, while the Oregon family receives less than half of that. It’s true that money cannot bring back a lost loved one or ever truly make you whole after that sort of loss—but it can give families access to the resources they need to adjust to their new normal.

Comparative negligence rules

Both Oregon and Washington have comparative negligence rules, but they are different in their limitations and how they are applied. Oregon is a modified comparative negligence state, which means that you cannot recover anything if you are more than 50% at fault. If you are 50% or less at fault, you can recover compensation, but it is reduced proportionately to your share of blame.

Washington is a pure comparative negligence state. Even if a victim is mostly at fault for the crash, they can still receive compensation. Similar to Oregon, their share of fault determines how much of their award they receive. For example, if someone is 90% at fault for an accident but has $100,000 in damages, they can still receive $10,000 for their losses.

Pure comparative negligence states have the upper hand in certain cases where victims may be primarily at fault but also shoulder the vast majority of losses in an accident. Consider commercial truck accidents—even if a victim driving a personal vehicle causes an accident, they stand to lose much more than the commercial truck driver. In Washington, they could still recover something for their trauma, even if it’s reduced. In Oregon, if they were more than 50% at fault, they would be left with nothing.

Insurance and defendant-friendly rules

When you look at these laws all together, you can see how Washington gives victims the upper hand in personal injury claims, while Oregon gives insurance companies more leverage. This is a huge advantage for Oregon insurance companies, and they use it at every turn. They push injured Portland residents to accept low settlements within days of an accident, knowing that they can offer nothing if they successfully prove that they are more than 50% at fault. They argue aggressively that victims share more fault than they really do, either reducing or completely eliminating their payout.

In contrast, Washington gives victims more time and fewer limits. Where your accident occurs can really shape your personal injury case.

What this means for Portland residents

If you’ve suffered a personal injury in Portland, these laws mean that talking to an injury specialist shouldn’t be considered optional—it should be non-negotiable. Your rights as an injured person vary depending on where you are injured, and if you’re hurt in Oregon, you need an attorney who can advocate for you. With an experienced Portland personal injury attorney, you have a fighting chance at what you deserve.

Discuss your next steps with Philbrook Law, Accident and Injury Lawyers

If you’ve been injured in Oregon, we know that you face certain legal limitations. More importantly, we know how to overcome them. Let’s plan your next steps during a consultation. Just call us today or reach out online to get started.