If you’ve been injured in a Portland car accident or other type of incident in Oregon, one of the most important things to determine early on is how much time you have to take legal action. The state imposes strict deadlines on personal injury claims, and missing yours could mean losing the right to pursue compensation entirely, no matter how successful your case might be.
The general rule in Oregon is relatively straightforward, but there are several exceptions that can either shorten or extend the timeline depending on the circumstances of your case. Here’s what you need to know.
Oregon’s General Statute of Limitations for Personal Injury Claims
Per ORS § 12.110, most personal injury claims in Oregon must be filed within two years of the date the injury occurred. If you don’t file a lawsuit in court before that two-year window closes, the defense will almost certainly move to have your case dismissed.
Note as well that this deadline applies to filing a lawsuit, not just starting the insurance claims process. If negotiations with the insurance company are still ongoing, you need to have your lawsuit filed before the clock runs out or you risk losing your legal leverage entirely. In other words, you must either have your settlement agreement completely finalized or file a lawsuit to “beat” the statute of limitations.
Exceptions That Could Affect Your Filing Deadline
While the two-year rule covers most situations, Oregon law does include several important exceptions that can shift the timeline in either direction:
- Discovery rule: If your injury wasn’t immediately apparent at the time of the accident, the two-year clock may start from the date you discovered (or reasonably should have discovered) the injury rather than the date the accident occurred.
- Minors: If the injured person is under 18, the statute of limitations is generally tolled until they turn 18. At that point, the standard two-year period begins.
- Government entities: If your injury was caused by a government employee or agency, you must file a written tort claim notice within 180 days of the accident under the Oregon Tort Claims Act per ORS § 30.275.
- Wrongful death: If the injury resulted in a death, the statute of limitations for filing a wrongful death claim is generally three years from the date of death. Our experienced Portland wrongful death attorneys can guide you through the process of filing a claim.
- Defendant leaves the state: If the at-fault party leaves Oregon after the injury occurs, the statute of limitations may be paused until they return or can be located within the state.
Each of these exceptions depends heavily on the specific facts of your case, so it’s important not to make assumptions about how much time you have. When in doubt, consult with an experienced personal injury attorney in Portland, Oregon who can review your situation and confirm your exact deadline.
Contact an Oregon Personal Injury Lawyer To Schedule a Free Consultation
Filing deadlines in Oregon are enforced strictly, and courts rarely make exceptions once the clock runs out. If you’ve been injured in an accident in the state, reaching out to a personal injury attorney sooner rather than later is one of the best ways to protect your rights.
Contact Sears Injury Law today to get started with your case at (503) 446-5127. We offer a free consultation and work on contingency, so you only pay attorney’s fees if we win compensation for you.
