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non-economic damages

Money awarded for intangible harm - such as physical pain, emotional suffering, loss of enjoyment of life, disfigurement, inconvenience, and loss of companionship - falls under non-economic damages.

Unlike economic damages, which repay measurable losses like medical bills or lost wages, non-economic damages compensate for harm that does not come with a receipt or fixed market price. A crushed hand in a logging-truck collision, chronic headaches after a rural highway crash, or lasting anxiety after a machinery injury can all support this category. The amount is usually based on evidence such as medical records, mental health treatment, testimony from the injured person and family members, and proof of how daily life changed after the injury.

In an injury claim, non-economic damages often make up a large part of the case value when the physical injury heals slowly, leaves permanent limitations, or causes ongoing pain. They can also be disputed more aggressively because insurers often argue that suffering is exaggerated or caused by a preexisting condition. Strong documentation matters.

Oregon has a statute, ORS 31.710 (1987), that sets a $500,000 limit on non-economic damages in many civil injury cases. But Oregon appellate decisions, including Horton v. OHSU (2016) and Vasquez v. Double Press Mfg. (2017), have limited how that cap can be applied. Whether the cap will actually reduce a verdict depends on the type of claim, the defendant, and Oregon constitutional protections.

by Maria Gutierrez on 2026-03-23

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