What Damages Cap Means For Your Lawsuit

When you are injured by the negligence of someone else, you could end up with a mountain of medical bills, significant pain, suffering, property damage, emotional distress, lost wages or more. Generally, you (the plaintiff) file a lawsuit against the party that injured you (the defendant) to make him pay —both literally and figuratively— for the damage he caused you. You are usually looking for money damages to compensate you for the harm you have suffered.

Economic and Non-economic Damages.

Money damages come in two flavors: economic and non-economic. Economic damages refer to money losses, like medical bills, car repair costs, lost wages, etc.

Noneconomic damages, however, refer to more intangible damages, like injury to reputation, mental distress, or humiliation. In the context of a personal injury action, “pain and suffering” generally refers to the noneconomic, mental or emotional damage you suffer as the result of an injury or accident.

Not surprisingly, the costs of a serious accident, injury, or medical malpractice case or an incident where a death ensues, can skyrocket into the millions pretty quickly.

So, can a seriously injured person recover the full amount of her or his claim?

No, not in Oregon

Caps on Damages.

Damages caps are laws that limit the amount of non-economic damages that a plaintiff can recover. Each state has its own damages cap. To find out what the cap on non-economic damages are in the states of Oregon, consult with knowledgeable personal injury attorneys.

Damage caps are an issue of public policy.  I have personally seen how they can effect people with catastrophic and life changing injuries.

What a damages cap means to your lawsuit is that you may be limited in the amount of money you can recover for your pain and suffering or mental and emotional damages.

What do if you are facing a serious, catastrophic injury

Every case is different.  Developing a good legal strategy to deal with the caps and maximize your settlement is paramount. We offer free consultations, reasonable fees, and are committed to getting our clients the relief they need. To set up an appointment, call us toll free at: 1-800-682.9568 or contact us through our website.

Libel and Personal Injury

Great place, America. It’s the land of the free and home of the brave. We’ve got the right to bear arms, and to say anything we want to.

Well, almost.

While we do have a Constitutional right to free speech, others have personal rights too. And it’s not unusual for one person’s free speech rights to run up against another person’s right to protect his reputation. You take your speech too far, and you just might run into the laws of defamation.

Defamation: Libel and Slander.

“Defamation” is the broad term that covers the civil tort of making statements that injure another’s business or personal reputation. Written statements that damage another’s reputation are called “libel.” Spoken statements are called “slander.”  A person who has suffered (or thinks he has suffered) a defamatory statement can sue the person who made the statement.

To prove either type of defamation, a plaintiff must prove 4 elements:

  1. a false statement purporting to be fact
  2. publication or communication of that statement to a third person
  3. fault amounting to at least negligence, and
  4. damages or some harm caused to the person or entity who is the subject of the statement.

Libel and Social Media

The prevalence of access to the internet, and social media in particular, has made it easier than ever to make defamatory statements about people or their companies. For example, internet services like Yelp! are specifically designed to allow people to review and comment on other people’s businesses. With social media services (Twitter, Facebook, YouTube) you can instantly publish comments and it’s not unusual for people to publish disparaging comments. Yet a false and damaging Yelp! review, tweet, YouTube video, or Facebook update can become a defamatory statement (libel) that is actionable by the person or company you are writing about. And that means that you could very well end up defending yourself in a defamation lawsuit.

Defenses and Privileges.

Not every statement that is injurious to a person’s or company’s reputation is actionable, however. State laws vary, but there are defenses and privileges that prevent a statement from being actionable as libel or slander. For example, “truth” is an absolute defense to all defamation claims. To prove defamation, a plaintiff must prove that the statement was false, and must show that the defendant was at fault. There are also absolute and qualified privileges that serve as defenses against libel or slander claims.

Know Your Rights!

If you are facing a defamation lawsuit or believe you have been defamed, contact us. We have offices in Tigard, Salem, Albany, Grants Pass, Klamath Falls, Bend, and several other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington. You can call us toll-free at: 1-800-682.9568.