ORS 20.080
Under Oregon Revised Statute 20.080, a person injured as a result of another’s negligence can make a written demand to recover damages of up to $10,000 on the at-fault person and the at-fault person’s insurance company. The demand must include all related medical records, medical bills, and any other losses. The other party then has thirty days to make their best offer.
If after thirty days the other party does not respond or refuses to settle, the injured claimant can file a lawsuit against the at-fault party. If the injured person recovers more than the offer made by the at-fault party, the at-fault party must then pay the amount awarded, and in addition pay for the injured claimant’s court costs and attorney’s fees.
Because ORS 20.080 provides for attorney fees, many personal injury attorneys have incentive to take some “smaller” cases that they may not have normally taken. The goal of ORS 20.080 is not to take small cases into litigation, but rather to motivate insurance companies to resolve these cases with fair offers. If they do not make a “fair” offer and you prevail at arbitration or trial, the insurance company has to pay hourly attorney fees dating from the time you initially contacted your attorney through the conclusion of the case. We have had great success in handling ORS 20.080 cases. Ryan Hilts is a personal injury lawyer in Lake Oswego and serves as a personal injury attorney in the Portland area. For more information, on the Oregon Revised Statute 20.080, contact Ryan today. You can also email directly to ryan@ryanhiltslaw.com.
Oregon Revised Statute ORS 20.080 FAQs
Oregon Revised Statute 20.080 pertains to small claims court and the recovery of attorney fees. Here are some frequently asked questions about this statute:
Q: What is Oregon Revised Statute 20.080?
A: Oregon Revised Statute 20.080 allows a party who wins a small claims court case to recover their attorney fees from the losing party, as long as certain conditions are met.
Q: What are the conditions that must be met to recover attorney fees under Oregon Revised Statute 20.080?
A: To recover attorney fees under this statute, the following conditions must be met:
- The claim must have been filed in a small claims court.
- The claim must have been for $10,000 or less.
- The party seeking attorney fees must have been represented by an attorney.
- The party seeking attorney fees must have prevailed in the case.
Q: How much attorney fees can be recovered under Oregon Revised Statute 20.080?
A: The amount of attorney fees that can be recovered under this statute is limited to:
- 33.3% of the judgment if the case went to trial.
- 20% of the judgment if the case was settled before trial.
- $300 if the judgment is $1,000 or less.
Q: Can a party recover attorney fees under Oregon Revised Statute 20.080 if they represented themselves in court?
A: No, this statute only applies to parties who were represented by an attorney.
Q: Can a party recover attorney fees under Oregon Revised Statute 20.080 if they lost the case?
A: No, this statute only applies to parties who prevailed in the case.
Q: Is there a deadline for requesting attorney fees under Oregon Revised Statute 20.080?
A: Yes, the request for attorney fees must be made within 30 days of the judgment being entered.
Q: Can a party waive their right to recover attorney fees under Oregon Revised Statute 20.080?
A: Yes, a party can waive their right to recover attorney fees by signing a written agreement stating that they will not seek attorney fees under this statute.
Ryan is a member of the Oregon State Bar, the Washington State Bar, and the Oregon Trial Lawyers Association.
Ryan was named a “Rising Star” e for six years in a row, and recently a "Super Lawyer" by Super Lawyers Magazine. In his early years as attorney, he was also listed as one of Oregon's Outstanding Young Lawyers by Portland Monthly Magazine and the American Registry.
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