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You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Damages Cap ORS 31.710 limits the amount of non-economic damages to $500,000 in wrongful death cases. In other words, any damages for non-economic things such as loss of care, comfort, companionship and society, pain, mental suffering, or loss of consortium are limited to $500,000.
Oregon does not have a cap on the amount of economic and non-economic damages that you are able to recover during a medical malpractice case. However, if the medical malpractice case is predicated upon a wrongful death action, non-economic damages are limited to $500,000.
Phillips, 322 Or 281 (1995), the Oregon Supreme Court explained the rationale behind the limited constitutionality of the legislative damages cap as applied to wrongful death claims, stating that ?[t[he remedy for wrongful death is substantial, ?not only because 100 percent of the economic damages plus up to $500,000 ...
Oregon law currently limits the amount of non-economic damages in wrongful death cases to $500,000. However, the courts and legislature have been arguing over this statutory cap for years. The limitation included personal injury cases in the past, but that was recently ruled unconstitutional.
However, the more important statute was adopted in 1987, and it placed a $500,000 cap to noneconomic damages (that is, subjective, nonmonetary losses such as pain, mental suffering, emotional distress, humiliation, and so on) for all claims arising out of bodily injury, death, or property damage.