Legal Question in Personal Injury in Oregon

Jury Award

In the state of Oregon, after defense refuses arbitrator's decision, can jury award more than the amount asked for in original demand letter of plaintiff's attorney? Or is that the ceiling? I just learned through an attorney friend in Indiana that there, it is allowed.


Asked on 4/12/09, 12:41 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Jury Award

Generally, in Oregon, the demand letter (which is usually just part of the negotiations) is usually going to be considered irrelevant and inadmissible in any trial on the matter between those same parties and on the same issues. So, it should have no effect on the jury. They'll never hear about it.

You should, however, talk to your own lawyer about it, just on the off-chance you're misconstruing anything about the demand letter, since I haven't actually seen the letter you're referring to. The amount your lawyer put in the COMPLAINT, however, usually IS a ceiling for the jury, unless you get leave of the court to amend to another number at some point before the jury begins deliberating.

Good luck in trial!

-- Sam

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Answered on 4/13/09, 3:14 am


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