Legal Resources
Oregon Legal Glossary
Understand the legal terms commonly used in medical malpractice, personal injury, wrongful death, and trucking accident cases in Oregon.
Burden of Proof
The obligation to prove allegations in a lawsuit. In Oregon personal injury cases, the plaintiff must prove their claims by a "preponderance of the evidence," meaning it is more likely than not that the defendant's negligence caused the harm.
Causation
The legal requirement to prove that the defendant's negligent act or omission directly caused the plaintiff's injury. In Oregon medical malpractice cases, expert testimony is typically required to establish causation between the provider's breach of care and the patient's harm.
Comparative Negligence
Oregon follows a modified comparative negligence rule under ORS 31.600–31.620. If the injured party is partially at fault, their damages are reduced by their percentage of fault. However, if the plaintiff is 51% or more at fault, they cannot recover any damages.
Contingency Fee
A fee arrangement where the attorney is paid a percentage of the settlement or verdict rather than an hourly rate. The client pays nothing upfront and owes no attorney fees if there is no recovery. Huegli Law handles all personal injury and medical malpractice cases on a contingency fee basis.
Damages
Monetary compensation awarded to an injured party. Oregon law recognizes economic damages (medical bills, lost wages, future care costs), non-economic damages (pain, suffering, loss of enjoyment of life), and in some cases punitive damages under ORS 31.710–31.740.
Defendant
The person or entity being sued in a civil lawsuit. In a medical malpractice case, the defendant may be a doctor, hospital, or healthcare system. In a trucking accident case, the defendant could be the driver, trucking company, or vehicle manufacturer.
Deposition
Sworn, out-of-court testimony given by a witness or party during the discovery phase of a lawsuit. Depositions are recorded by a court reporter and can be used at trial. In medical malpractice cases, depositions of treating physicians and expert witnesses are often critical.
Discovery
The pre-trial phase where both sides exchange evidence, documents, and information relevant to the case. Discovery tools include interrogatories (written questions), requests for production of documents, and depositions.
Discovery Rule
An exception to the statute of limitations that starts the clock when the plaintiff discovers (or reasonably should have discovered) the injury, rather than when the injury actually occurred. Under ORS 12.110(4), Oregon medical malpractice claims have an absolute outer limit of five years regardless of discovery.
Duty of Care
The legal obligation to act with a reasonable standard of care to avoid causing harm to others. All drivers owe a duty of care to other road users. Healthcare providers owe a duty of care to their patients based on accepted medical standards.
Economic Damages
Objectively verifiable monetary losses resulting from an injury, including medical expenses, lost wages, future earning capacity, and property damage. Oregon does not cap economic damages in personal injury or medical malpractice cases.
Expert Witness
A professional with specialized knowledge who provides testimony to help the jury understand complex issues. Oregon medical malpractice cases require expert medical testimony to establish the applicable standard of care and how the defendant deviated from it.
Federal Motor Carrier Safety Regulations (FMCSR)
Federal regulations governing commercial trucks and their operators, including hours-of-service limits, vehicle maintenance requirements, and driver qualification standards. Violations of FMCSR are often key evidence in Oregon trucking accident cases.
Informed Consent
A patient's right to be told about the risks, benefits, and alternatives of a medical procedure before agreeing to it. Failure to obtain informed consent can be grounds for a medical malpractice claim in Oregon if the patient would not have consented had they been properly informed.
Liability
Legal responsibility for one's actions or omissions that cause harm. In personal injury law, liability is established by proving the defendant owed a duty of care, breached that duty, and caused damages as a result.
Negligence
The failure to exercise the degree of care that a reasonably prudent person would exercise under similar circumstances. Negligence is the foundation of most personal injury, medical malpractice, and car accident claims in Oregon.
Non-Economic Damages
Compensation for subjective, non-monetary losses such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life. Oregon law may impose caps on non-economic damages in certain types of cases under ORS 18.560–18.580.
Personal Representative
The person appointed to bring a wrongful death lawsuit on behalf of the decedent's estate and surviving family members. Under ORS 30.020, only the personal representative of the estate can file a wrongful death claim in Oregon.
Plaintiff
The person who files a lawsuit seeking damages for injuries caused by another party's negligence. In personal injury cases, the plaintiff is typically the injured person or, in wrongful death cases, the personal representative of the decedent's estate.
Preponderance of the Evidence
The standard of proof in civil cases, including personal injury and medical malpractice. The plaintiff must show that it is "more likely than not" (greater than 50% probability) that the defendant's negligence caused the injury.
Punitive Damages
Damages awarded to punish a defendant for particularly egregious or reckless conduct, beyond compensating the plaintiff. Under ORS 31.730, Oregon requires clear and convincing evidence that the defendant acted with malice or reckless disregard for others' rights.
Standard of Care
The level of care, skill, and treatment that a competent healthcare provider in the same medical specialty would provide under similar circumstances. Failure to meet this standard is the basis for medical malpractice claims under Oregon law (ORS 677.095).
Statute of Limitations
The legal deadline for filing a lawsuit. Under ORS 12.110(1), Oregon generally allows two years from the date of injury to file a personal injury claim. Medical malpractice claims follow the same two-year period but with a discovery rule and a five-year outer limit.
Survival Action
A lawsuit brought by the estate of a deceased person for damages the decedent suffered between the time of injury and death. Unlike wrongful death claims, survival actions compensate for the decedent's own pain, suffering, and economic losses before death.
Tort
A civil wrong that causes harm or loss to another person, giving rise to legal liability. Personal injury, medical malpractice, and wrongful death cases are all types of tort claims under Oregon law.
Vicarious Liability
A legal doctrine holding an employer or principal responsible for the negligent actions of their employee or agent performed within the scope of employment. In trucking accidents, the trucking company may be vicariously liable for a driver's negligence.
Wrongful Death
A civil claim brought when a person dies as a result of another party's negligence or intentional act. Under ORS 30.020, Oregon wrongful death claims can recover economic damages, non-economic damages, and funeral expenses for the benefit of surviving family members.
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