Oregon’s Wrongful Death Damages Cap Ruled Unconstitutional: Our Case Results

Paulson Coletti Trial Attorneys helped secure a ruling that could reshape how Oregon’s Wrongful Death Damages Cap applies to grieving families across the state. For nearly four decades, a state law limited noneconomic damages in wrongful death cases to $500,000, no matter how devastating the loss.

In Estate of Grant Raymond Fisher v. Lee, the Oregon Court of Appeals found that the limit was unconstitutional as applied to a Portland-area family whose husband and father was killed by an impaired driver. Here is what that ruling means for Oregon families still fighting for justice after a wrongful death.

How Paulson Coletti Helped Change Oregon’s Wrongful Death LawWatch

What was Oregon’s $500,000 Wrongful Death Damages Cap?

Since 1987, Oregon law has limited noneconomic damages, compensation for loss of care, comfort, and companionship, to $500,000 under ORS 31.710, no matter what a jury decided a family’s loss was actually worth.

Supporters described the cap as a way to keep insurance premiums stable, though it often meant a family’s case never reflected their full loss. Oregon’s wrongful death claims are also governed by ORS chapter 30, which establishes who may bring a claim.

How Paulson Coletti Secured a Landmark Ruling in Fisher v. Lee

This case began with an ordinary drive that ended in tragedy, and it became the foundation for challenging a forty-year-old law.

A Drunk Driver, Speeding, and a Fatal Crash Near Boring

In January 2021, Grant Fisher, twenty-three, was driving on U.S. Highway 26 near Boring when Trevor Nicholas Lee, then thirty-three, rear-ended his truck while speeding and impaired by narcotics. Fisher died from his injuries, leaving behind his wife, Caitlin Fisher, and their infant daughter.

Caitlin Fisher filed a wrongful death claim on behalf of her husband’s estate, seeking twenty million dollars in non-economic damages. A judge later reduced that amount to $500,000 under ORS 31.710(1).

Why the Court of Appeals Sided With Our Client

The Court of Appeals reviewed whether that reduction violated Oregon’s constitutional guarantee of a remedy for injury. The panel concluded it would leave the Fisher family without a substantial remedy and reversed and remanded the judgment.

John Coletti, trial attorney for Fisher’s estate, pursued this challenge for years. In his words, “In my heart of hearts, I’ve always believed that a half-million-dollar cap in a death case was just not fair. It was unjust.”

What “As-Applied” Unconstitutional Really Means for Oregon Families

The ruling in Fisher v. Lee is an as-applied decision. The panel did not strike down ORS 31.710(1) statewide. As John Coletti explained, “The Oregon Court of Appeals basically decided that in certain cases where a jury determines that the loss far exceeds the $500,000 cap, that family no longer has an adequate remedy.”

The cap remains part of Oregon law and will still apply in many wrongful death cases. What changed is the recognition that courts may find it constitutionally inadequate in especially severe circumstances, mirroring a 2020 Oregon Supreme Court decision on a similar limitation for wrongful injury.

How This Ruling Could Affect Your Wrongful Death Claim in Oregon

Families pursuing a wrongful death claim in Portland and throughout Oregon now have real precedent for arguing the $500,000 cap should not apply to their case, depending on the severity of the loss and the at-fault party’s conduct.

Trial attorney Jane Paulson put it directly: “I think it’s just an arbitrary number that was decided years ago. It doesn’t take into account what’s happened to a family, and it devalues the lives of people.” Whether an as-applied challenge succeeds depends on the record built at trial.

What Compensation Is Now Possible After a Wrongful Death in Oregon

Wrongful death claims in Oregon can include economic damages, such as medical expenses, funeral costs, and lost support. They can also include non-economic damages for the loss of care, comfort, and guidance a family can no longer receive.

Before this ruling, noneconomic damages faced a firm ceiling regardless of the jury’s assessment. Following Fisher v. Lee, families with severe losses have a stronger foundation for arguing the cap should not limit their recovery. As Caitlin Fisher said, “There’s no dollar amount to put on his life. There’s a story, and there’s a person behind that. There’s a life there. There’s a family.”

The Attorneys Behind This Ruling Are Ready to Fight for You

This case result reflects the kind of trial preparation Paulson Coletti Trial Attorneys brings to every wrongful death claim we handle. Our team helped change how Oregon’s Wrongful Death Damages Cap applies for one Portland family, and we bring that same commitment to every client who has lost a loved one to negligence.

If your family is facing a wrongful death claim in Oregon, call (503) 226-6361 to discuss your situation and learn what this ruling could mean for your case.

Paulson Coletti

Trial Attorneys PC

At Paulson Coletti, a local firm based in Oregon, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win—because justice should never come with financial risk.

Free Case EvaluationCall (503) 226-6361