Traumatic brain injuries (TBIs) from car accidents remain a major concern in Oregon and they impact thousands each year. Whether it’s a concussion or a life-altering injury, the path to justice and compensation requires understanding recent legal changes and evidentiary requirements. Always seek legal assistance and advice if you’ve been injured in an accident.

Strict Deadlines: Act Fast After a Crash

Time Limit: Oregon’s statute of limitations for personal injury (including TBIs) is two years from the date of the accident. Missing this deadline can bar your claim.

Exceptions: If the injured person is a child or has a disabling mental condition, the filing window may be extended—but not indefinitely. Consult a lawyer immediately to protect your rights.

Comparative Fault: Partial Responsibility Still Allows Recovery

Oregon uses a modified comparative fault rule. If you’re less than 51% at fault for the accident, you can still recover damages (reduced by your share of fault). If you’re 51% or more at fault, you’re barred from recovery.

Seatbelt Use: Limited Impact on Compensation

Not wearing a seatbelt? Oregon law limits any reduction in damages to 5% for injuries aggravated by not buckling up. Lack of a seatbelt can’t be used to prove the accident was your fault.

Insurance: Immediate Coverage Through PIP

All Oregon drivers must carry Personal Injury Protection (PIP) insurance. This pays for emergency care, medical bills, and a portion of lost wages, regardless of fault—critical for immediate TBI treatment.

Health Insurance Must Cover TBI Care

By law, Oregon health insurers must cover medically necessary therapies for brain injury survivors, including rehab and cognitive therapy.

No Cap on Pain & Suffering Damages

A recent Oregon Supreme Court ruling eliminated the $500,000 cap on noneconomic damages (pain, suffering, loss of quality of life) for living plaintiffs. Juries can now award the full amount justified by the evidence.

Proving a TBI: Evidence Is Key

Expert Testimony: Oregon courts require solid medical evidence for TBI claims. Expert testimony—often from neurologists or neuropsychologists—is essential, especially if you claim permanent or “invisible” injuries (like concussions).

Imaging Not Always Necessary: Even if MRI or CT scans look normal, neuropsychological testing and detailed symptom tracking can prove cognitive impairment.

Lay Witnesses: Testimony from family, friends, or coworkers about changes in mood, memory, or behavior can strengthen your case.

Recent Legal Trends

Oregon courts increasingly recognize that mild TBIs can be hard to diagnose but still devastating. Judges allow qualified neuropsychologists to testify on causation and the extent of injury.

For permanent injury claims, you must have expert evidence showing it’s likely the effects will last a lifetime.

Damages: Economic & Non-economic

You can recover for medical expenses, lost income, future care needs, and non-economic losses—without a legislative cap.

The Bottom Line

If you or a loved one suffered a brain injury in an Oregon car accident, act quickly and build your case with credible medical and expert support. The right legal strategy can help you recover both immediate and long-term compensation—especially since Oregon law now recognizes the real, lasting impact of TBIs.

Need Help with Your Claim?

Contact Corbridge Law for a case evaluation. We’ll ensure your rights are protected and your case is built on the strongest evidence available.