Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
In Oregon, you can recover travel expenses as part of your economic damages in a personal injury lawsuit. The following steps will guide you through the process:
1. Track and Document All Travel
Record every trip to medical providers. Note the date, purpose, starting point, destination, and miles driven. Oregon courts accept the federal mileage rate as a reasonable standard (see IRS Standard Mileage Rates).
2. Preserve Receipts and Logs
Keep receipts for parking, tolls, public transit, meals, or lodging if applicable. Combine these with your mileage logs into a single expense file for easy reference.
3. Calculate Total Costs
Add mileage (for example, 65.5¢ per mile for 2023), parking fees, tolls, and other incidental costs. Prepare an itemized spreadsheet that clearly shows the date, purpose, and cost of each trip.
4. Include Travel Expenses in Your Demand Package
When presenting a settlement demand to the insurer, attach your travel expense summary and supporting receipts. Clearly label this section “Medical and Incidental Travel Expenses.”
5. Disclose Evidence Under Oregon Rules of Civil Procedure
Under ORCP 26 D(1)(c), you must disclose documents you plan to use at trial, including your travel logs and receipts. Early disclosure helps avoid last-minute disputes over admissibility.
6. Reference the Statutory Basis for Damages
Oregon Revised Statute ORS 31.710(1)(d) allows recovery of “reasonable and necessary medical care and treatment.” Courts recognize that travel costs to receive that care fall within recoverable medical expenses.
7. Present at Mediation or Trial
At mediation or in court, introduce your expense summary and supporting documents. A witness—either you or your treating provider—should testify to the necessity of each appointment and associated travel.
Helpful Hints
- Use a dedicated notebook or mobile app to record mileage in real time.
- Photograph or scan parking receipts and toll tickets promptly.
- Update your expense spreadsheet after each appointment to avoid missing entries.
- Discuss travel documentation requirements with your attorney early in the case.
- Review additional recoverable costs under ORS 20.080 for court-related expenses.