Oregon Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — OREGON

FOR SETTLEMENT PURPOSES — ADMISSIBILITY GOVERNED BY OEC 408 / ORS 40.190, WHERE APPLICABLE

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 proposes compromise of disputed claims. Oregon Evidence Code Rule 408 (ORS 40.190) limits the use of qualifying compromise offers and negotiation statements to prove liability for, or the invalidity or amount of, a disputed claim; it does not make the correspondence confidential or privileged and permits other-purpose uses identified in the rule. 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

For an ordinary negligence claim, Fazzolari v. Portland School Dist. No. 1J, 303 Or. 1, 17 (1987), asks whether the defendant's conduct unreasonably created a foreseeable risk of the kind of harm suffered, unless a particular status, relationship, or standard defines or limits the duty. The claimant must also prove causation and damages.

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 of the vehicle — describe the conduct and resulting risk
• ☐ Following too closely — ORS § 811.485
• ☐ Failing to yield the right of way — identify the applicable rule, such as ORS § 811.275, 811.277, 811.280, 811.285, or 811.292
• ☐ 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. Claimant fault is compared with the combined fault of the persons specified in subsection (2), subject to its exclusions. Equal claimant fault does not bar recovery; greater claimant fault does, and any allowed damages are reduced proportionally.

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 § 31.610

ORS § 31.610 generally makes each defendant's liability several. The court sets out each liable defendant's and third-party defendant's share separately in the judgment, based on the fault percentages determined under ORS § 31.605. Each person's initial share equals the total damages multiplied by that person's fault percentage, without reducing the total for settlement or contribution payments. Under ORS § 31.610(3), the court must determine uncollectibility on a timely motion and reallocate a share found uncollectible, subject to the limits in that section.

[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): ORS § 31.710's $500,000 limit applies to wrongful-death claims, not a living claimant's personal-injury claim. Other limits may apply: ORS §§ 30.271–30.272 limit qualifying injury claims against public bodies, and ORS § 31.715 may restrict noneconomic recovery for certain motor-vehicle claimants.

• Wrongful Death Cases: ORS § 31.710 states a $500,000 noneconomic damages limit. Estate of Fisher v. Lee, 351 Or App 33 (2026), held the limit unconstitutional as applied to the award in that case; assess any fact-supported challenge.

• Medical Malpractice: ORS § 31.710 applies to wrongful-death claims; identify the claimant and any other applicable limit before stating a cap.

☐ This is a living claimant’s personal injury case — ORS § 31.710 does not set a cap for this claim.
☐ This involves a wrongful death claim — assess the statutory $500,000 limit and any applicable as-applied constitutional challenge.

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

ORS § 82.010(1) uses a 9% default only for its listed transactions when the parties have not otherwise agreed to a rate. Subsection (2) separately governs judgments and includes contract-rate and qualifying medical-professional-negligence branches. This demand does not assume prejudgment-interest entitlement or an accrual date; counsel must identify the independent basis and applicable branch before calculating interest.

Application to Tort Claims:

Prejudgment interest requires a separate basis, an ascertainable amount, and a supported accrual date. Do not treat a medical bill or wage figure alone as establishing entitlement. Strader v. Grange Mutual Insurance Company, 179 Or. App. 329 (2002), concerned an insurance contract; it does not automatically establish interest on these tort damages.

In this case:

• Amount for which interest is independently supported: $[________]
• Basis and date interest begins accruing: [________________________________]
• Applicable rate and basis: [________________________________]
• Estimated interest, if supported: $[________]

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): any punitive damages award is split three ways — 30% to the plaintiff (the plaintiff's attorney is paid from this share, capped at 20% of the total award), 60% to the Criminal Injuries Compensation Account (DOJ Crime Victims' Assistance Section), and 10% to the State Court Facilities and Security Account (ORS § 1.178).
• If suit becomes necessary, the initial pleading may not request punitive damages. Under ORS § 31.725, a party may move after filing for leave to amend the pleading to assert that claim.
• 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

For a bodily-injury or death award, ORS § 31.580 permits the court to deduct qualifying collateral benefits before judgment. The statute excludes benefits the recipient must repay, death benefits, insurance paid for by the injured person or family, and retirement, disability, pension, and federal Social Security benefits. Evidence of collateral benefits and the cost of obtaining them is submitted to the court by affidavit after the verdict; it is not admitted at trial under this section.

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 $[________], subject to any claim-specific limits, 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).

If this is a claim against an Oregon public body or its officer, employee, or agent: ORS § 30.275 generally requires notice of the claim within 180 days after the alleged loss or injury for a personal-injury claim. The section recognizes formal notice, actual notice, timely filing of the action, and certain payments as ways to satisfy notice, and it provides exceptions and a limited period for incapacity. Check the applicable method, content, recipient, and deadline before relying on this demand letter as notice. The two-year suit deadline does not replace the separate notice requirement.

• 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)
• ☐ 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 — Special fault and damages questions; ORS § 31.610 — Several liability and reallocation
• ORS § 12.110(1) — Statute of Limitations for Personal Injury (2 years)
• ORS § 30.275 — Separate notice requirement for qualifying public-body claims
• ORS § 31.710 — Non-Economic Damages Cap (Wrongful Death Only — $500,000; other claim-specific limits may apply)
• ORS § 31.730-31.740 — Punitive Damages Standard and Distribution
• ORS § 31.735 — Punitive Damages Distribution (30% plaintiff / 60% Criminal Injuries Compensation Account / 10% State Court Facilities and Security Account)
• ORS § 82.010 — Default and judgment interest branches; entitlement, rate, and accrual require claim-specific analysis
• 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) — Ordinary negligence foreseeability framework
• ORS § 31.710 (current wrongful-death scope): https://www.oregonlegislature.gov/bills_laws/ors/ors031.html
• Hughes v. PeaceHealth, 344 Or. 142 (2008) — Wrongful death cap constitutional
• Strader v. Grange Mutual Insurance Company, 179 Or. App. 329 (2002) — Insurance contract interest; assess tort interest separately

This template is provided for use with legal review. It does not constitute legal advice. Have a qualified attorney review and customize it before transmission when the claim, coverage, or litigation strategy warrants legal advice.