Oregon Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — OREGON

FOR SETTLEMENT PURPOSES ONLY — PROTECTED UNDER OEC 408

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

Oregon State Bar No.: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], OR [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

LETTER DATE AND DELIVERY

Date: [__/__/____]

Via: ☐ Certified Mail, Return Receipt Requested ☐ Email ☐ Facsimile ☐ Hand Delivery

ADDRESSEE — INSURANCE COMPANY / CLAIMS DEPARTMENT

To:

Insurance Company: [________________________________]

Claims Department / Adjuster: [________________________________]

Adjuster Direct Telephone: [________________________________]

Adjuster Email: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

CLAIM INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This firm represents [Client Full Name] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a result of the negligence of your insured, [Insured Full Name] ("Tortfeasor"), in [City/Town], [County] County, Oregon.

This letter constitutes a formal demand for settlement of the above-referenced claim. The Claimant has completed active medical treatment, and we are now in a position to present a comprehensive demand supported by medical documentation, billing records, and applicable Oregon law.

This correspondence is intended for settlement purposes only and is protected under Oregon Evidence Code Rule 408. Nothing herein shall be construed as a limitation on the damages recoverable by the Claimant should litigation become necessary.

We have been authorized by our client to resolve this claim and to negotiate a fair and reasonable settlement on [his/her] behalf.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [describe activity — e.g., operating a motor vehicle, walking as a pedestrian, riding a bicycle, a passenger in a vehicle] at or near [________________________________] in [City/Town], [County] County, Oregon.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing Oregon license plate number [________________________________].

[Describe the specific negligent conduct and how the incident occurred. Include directional details, traffic conditions, and sequence of events.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Police Report and Investigation

The incident was investigated by the [________________________________] Police Department / [County] County Sheriff's Office / Oregon State Police. The investigating officer was [Officer Name], Badge No. [____]. The accident report was assigned Report No. [________________________________].

Police Report Findings:

• ☐ Your insured was issued a traffic citation for: [________________________________]
• ☐ Your insured was found to have violated ORS § [________________________________]
• ☐ Your insured was charged with: [________________________________]
• ☐ Witnesses were identified and statements taken
• ☐ Diagram/photographs were included in the report

C. Scene and Conditions

D. Emergency Response

• ☐ Claimant was transported by ambulance to [Hospital Name]
• ☐ Claimant was airlifted to [Trauma Center Name]
• ☐ Claimant was transported by private vehicle to [Hospital/Facility]
• ☐ Claimant was treated and released from the emergency department
• ☐ Claimant was admitted to the hospital for [____] days

III. LIABILITY ANALYSIS

A. Negligence Under Oregon Law

Under Oregon law, a plaintiff in a negligence action must establish: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty; (3) the defendant's breach caused harm to the plaintiff; and (4) the plaintiff suffered damages. See Fazzolari v. Portland School Dist. No. 1J, 303 Or. 1 (1987).

Your insured owed a duty of care to all persons lawfully on the roadway, including the Claimant. Your insured breached this duty by:

• ☐ Failing to maintain control — ORS § 811.135
• ☐ Following too closely — ORS § 811.485
• ☐ Failing to yield the right of way — ORS § 811.260 et seq.
• ☐ Disobeying a traffic control device — ORS § 811.265
• ☐ Speeding — ORS § 811.100 et seq.
• ☐ Reckless driving — ORS § 811.140
• ☐ Driving under the influence — ORS § 813.010
• ☐ Improper lane change — ORS § 811.375
• ☐ Failure to signal — ORS § 811.335 et seq.
• ☐ Using a mobile electronic device while driving — ORS § 811.507
• ☐ Careless driving — ORS § 811.135
• ☐ Other: [________________________________]

B. Comparative Fault — ORS § 31.600

Oregon applies a modified comparative fault standard under ORS § 31.600. Contributory negligence does not bar recovery if the fault attributable to the claimant was not greater than the combined fault of all persons against whom recovery is sought. If the plaintiff is found to be more than 50% at fault, recovery is completely barred.

Where the plaintiff is partially at fault, damages are diminished by the percentage of fault attributable to the plaintiff.

In this case, the Claimant bears zero (0%) fault for the incident. Your insured is 100% at fault. [If partial fault is acknowledged, address proportionate analysis here.]

C. Several Liability — ORS § 31.605

Oregon has abolished joint and several liability. Under ORS § 31.605, the several liability of each defendant and third-party defendant shall be set out separately in the judgment, based on the percentages of fault determined by the trier of fact. Each person's share of the obligation is equal to the total damages multiplied by that person's percentage of fault.

[If multiple tortfeasors are involved, describe the allocation of fault here.]

IV. INJURIES AND MEDICAL TREATMENT

A. Nature of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:

• ☐ Cervical spine injury — [________________________________]
• ☐ Lumbar spine injury — [________________________________]
• ☐ Thoracic spine injury — [________________________________]
• ☐ Traumatic brain injury / Concussion — [________________________________]
• ☐ Fracture(s) — [________________________________]
• ☐ Herniated disc(s) — [________________________________]
• ☐ Disc bulge(s) / Protrusion(s) — [________________________________]
• ☐ Radiculopathy — [________________________________]
• ☐ Rotator cuff tear / Shoulder injury — [________________________________]
• ☐ Knee injury — [________________________________]
• ☐ Soft tissue injuries — [________________________________]
• ☐ Lacerations / Contusions / Abrasions — [________________________________]
• ☐ PTSD / Anxiety / Depression — [________________________________]
• ☐ Other: [________________________________]

ICD-10 Diagnostic Codes:

B. Chronological Treatment History

1. Emergency / Acute Care

2. Diagnostic Imaging

3. Specialist Consultations

4. Physical Therapy / Chiropractic / Rehabilitation

5. Injections / Procedures

6. Surgical Intervention

7. Mental Health Treatment

8. Prescription Medications

C. Current Medical Status and Prognosis

Dr. [________________________________] has opined, within a reasonable degree of medical probability, that the Claimant's injuries are [permanent / have reached maximum medical improvement / require ongoing treatment].

Current Symptoms:

• ☐ Chronic pain in [________________________________]
• ☐ Restricted range of motion in [________________________________]
• ☐ Numbness/tingling in [________________________________]
• ☐ Headaches — frequency: [________________________________]
• ☐ Sleep disturbance
• ☐ Cognitive difficulties
• ☐ Emotional distress / Anxiety / Depression
• ☐ Other: [________________________________]

Future Medical Needs:

• ☐ Ongoing physical therapy — estimated cost: $[________] per year
• ☐ Future surgical intervention — estimated cost: $[________]
• ☐ Pain management — estimated cost: $[________] per year
• ☐ Future diagnostic imaging — estimated cost: $[________]
• ☐ Prescription medications — estimated cost: $[________] per year
• ☐ Durable medical equipment — estimated cost: $[________]
• ☐ Home health care — estimated cost: $[________]
• ☐ Life care plan has been prepared by: [________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

1. Past Medical Expenses

2. Future Medical Expenses

3. Lost Wages — Past

Supporting Documentation: ☐ Employer verification letter ☐ Tax returns ☐ Pay stubs ☐ W-2 forms

4. Lost Earning Capacity — Future

Vocational Expert: [________________________________]

5. Other Economic Damages

B. Non-Economic Damages

Note on Oregon Non-Economic Damages Caps:

• Personal Injury Cases (Non-Wrongful Death): There is NO cap on non-economic damages. The Oregon Supreme Court held that the statutory cap (formerly ORS § 31.710) as applied to personal injury cases violates the Oregon Constitution's remedy clause (Article I, Section 10). See Lakin v. Senco Products, Inc., 329 Or. 62 (1999).

• Wrongful Death Cases: The $500,000 cap under ORS § 31.710 DOES apply to wrongful death claims. See Hughes v. PeaceHealth, 344 Or. 142 (2008).

• Medical Malpractice: The $500,000 cap applies (ORS § 31.710).

☐ This is a personal injury case — NO cap applies.
☐ This involves a wrongful death claim — the $500,000 cap under ORS § 31.710 applies.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

B. Claimant's Own Coverage (First-Party)

PIP / Personal Injury Protection — ORS § 742.520

☐ Claimant has exhausted PIP benefits.
☐ PIP benefits are currently being paid.
☐ PIP lien/subrogation asserted: $[________]

Note: Oregon PIP covers reasonable medical expenses, lost wages (up to 70% of income, max $3,000/month), and essential services, regardless of fault.

UM/UIM — Uninsured/Underinsured Motorist Coverage — ORS § 742.502

☐ UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient.
☐ UM claim is being asserted. Tortfeasor was uninsured.

C. Additional Coverage Sources

• ☐ Umbrella / Excess Policy: $[________]
• ☐ Health insurance subrogation lien: $[________] — Carrier: [________________________________]
• ☐ Workers' compensation lien: $[________]
• ☐ Medicare/Medicaid conditional payments: $[________]
• ☐ ERISA lien: $[________]

D. Oregon Minimum Insurance Requirements

Oregon requires the following minimum automobile insurance (ORS § 806.070):

Oregon is a tort (fault-based) state with mandatory PIP coverage. PIP provides first-party benefits regardless of fault, but does not restrict the right to pursue a third-party tort claim.

VII. PREJUDGMENT INTEREST — ORS § 82.010

Under ORS § 82.010, the rate of interest is nine percent (9%) per annum and is payable on all moneys after they become due.

Application to Tort Claims:

Oregon courts have generally held that prejudgment interest is available on liquidated amounts (such as past medical expenses and past lost wages that are established as specific sums) but is NOT available on unliquidated tort damages (such as pain and suffering). See Strader v. Grange Mutual Ins. Co., 246 Or. 32 (1967).

In this case:

• Past medical expenses (liquidated): $[________] — interest available
• Past lost wages (liquidated): $[________] — interest available
• Date interest begins accruing: [__/__/____]
• Current applicable rate: 9% per annum
• Estimated accrued prejudgment interest on liquidated damages: $[________]

VIII. PUNITIVE DAMAGES — ORS §§ 31.730-31.740

☐ This section is applicable to this claim.

Under ORS § 31.730, punitive damages may be awarded when it is proven by clear and convincing evidence that the defendant has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.

Important Oregon Punitive Damages Provisions:

• No fixed cap on the amount of punitive damages.
• Distribution (ORS § 31.735): 70% of any punitive damages award is paid to the Oregon Criminal Injuries Compensation Account (Crime Victims' Fund); only 30% is retained by the plaintiff (plus attorney fees deducted from the 70% portion).
• Punitive damages must be determined in a bifurcated proceeding separate from compensatory damages.
• Constitutional due process limitations apply (BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996)).

Basis for Punitive Damages Claim:
[________________________________]
[________________________________]

☐ This section is NOT applicable — Punitive damages are not being sought at this time but are reserved should evidence of egregious conduct emerge.

IX. COLLATERAL SOURCE — ORS § 31.580

Under Oregon's modified collateral source rule (ORS § 31.580), a defendant may introduce evidence of collateral source benefits paid to the plaintiff, EXCEPT benefits from the following sources:

• ☐ Insurance for which the plaintiff paid premiums
• ☐ Life insurance benefits
• ☐ Retirement, disability, or pension plan benefits
• ☐ Social Security benefits

If collateral source evidence is admitted, the plaintiff may introduce evidence of the cost of procuring the collateral source (premiums paid).

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, and applicable Oregon law, the Claimant hereby demands the sum of:

$[________________________________]

This demand is supported by total economic damages of $[________] and non-economic damages of $[________] (no cap applies to non-wrongful death personal injury claims in Oregon), and accounts for the Claimant's injuries, ongoing medical needs, and the impact on [his/her] quality of life.

Response Deadline: We respectfully request a substantive response to this demand within thirty (30) days of receipt, no later than [__/__/____].

This demand will remain open for the stated period. Failure to respond or to make a good-faith offer within the specified timeframe will result in the immediate filing of a Complaint in the Circuit Court of the State of Oregon, [County] County.

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is TWO (2) YEARS from the date of loss under ORS § 12.110(1).

• Date of Loss: [__/__/____]
• SOL Expiration Date: [__/__/____]

We will not permit the statute of limitations to expire pending resolution of this claim. A Complaint will be filed in advance of the expiration date regardless of the status of settlement negotiations.

XII. RESERVATION OF RIGHTS

The Claimant reserves all rights, claims, and causes of action available under Oregon law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages (ORS § 31.730)
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Dram shop liability (ORS § 471.565)
• ☐ Products liability (ORS § 30.900 et seq.)
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (ORS § 30.020) / Survival action (ORS § 30.075)
• ☐ Bad faith failure to settle
• ☐ Other: [________________________________]

The presentation of this demand does not constitute a waiver of any claim or right, nor does it limit the damages that may be sought in litigation.

XIII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed with this demand for your review:

Medical Records and Bills

Other Documentation

XIV. SIGNATURE BLOCK

We trust that your review of the enclosed documentation and this demand letter will confirm the full extent of the Claimant's injuries and the reasonableness of our demand. We look forward to a prompt and fair resolution of this claim.

Should you have any questions or require additional documentation, please do not hesitate to contact our office.

Very truly yours,

[________________________________]

[________________________________], Esq.
Attorney for Claimant
Oregon State Bar No. [________________________________]

[Law Firm Name]
[________________________________]
[________________________________], OR [__________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

XV. SOURCES AND REFERENCES

Oregon Revised Statutes

• ORS § 31.600 — Modified Comparative Fault (51% Bar Rule)
• ORS § 31.605 — Several Liability (Joint Liability Abolished)
• ORS § 12.110(1) — Statute of Limitations for Personal Injury (2 years)
• ORS § 31.710 — Non-Economic Damages Cap (Wrongful Death / Med Mal Only — $500,000)
• ORS § 31.730-31.740 — Punitive Damages Standard and Distribution
• ORS § 31.735 — Punitive Damages Distribution (70% to Crime Victims' Fund)
• ORS § 82.010 — Prejudgment Interest (9% per annum)
• ORS § 31.580 — Collateral Source Rule (Modified)
• ORS § 30.020 — Wrongful Death (3-year SOL)
• ORS § 806.070 — Minimum Auto Insurance Requirements (25/50/20)
• ORS § 742.520 — PIP Requirements ($15,000 minimum)
• ORS § 742.502 — UM/UIM Requirements

Key Cases

• Fazzolari v. Portland School Dist. No. 1J, 303 Or. 1 (1987) — Elements of negligence
• Lakin v. Senco Products, Inc., 329 Or. 62 (1999) — Non-economic cap unconstitutional for PI
• Hughes v. PeaceHealth, 344 Or. 142 (2008) — Wrongful death cap constitutional
• Strader v. Grange Mutual Ins. Co., 246 Or. 32 (1967) — Prejudgment interest on liquidated damages

This template is provided by ezel.ai for use by licensed attorneys. It does not constitute legal advice. All statutory citations should be verified before use. Oregon law requires that demand letters in personal injury cases be prepared or reviewed by a licensed attorney.