Legal Resource Guide
Oregon Statute of Limitations Guide
Understanding the critical time limits for filing personal injury claims in Oregon
Disclaimer: This guide provides general information about Oregon statute of limitations rules, is not legal advice, and does not create an attorney-client relationship. Speak with a licensed Oregon attorney about your specific deadlines before taking action.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time period you have to file a lawsuit after suffering an injury or property damage. These deadlines vary depending on the type of case and are strictly enforced by Oregon courts. Once the time limit expires, you typically lose your legal right to pursue compensation, regardless of how strong your case might be.
Why This Matters
Understanding the statute of limitations that applies to your case is absolutely critical. Missing the deadline by even a single day can permanently bar your claim, regardless of its merit. Courts rarely make exceptions to these deadlines, even in cases with devastating injuries or clear liability.
Oregon's Key Statute of Limitations Deadlines
These are the standard time limits for common personal injury claims in Oregon. However, various factors can affect these deadlines, so it's essential to consult with an attorney about your specific situation.
| Type of Claim | Time Limit | Notes |
|---|---|---|
| Personal Injury (General) | 2 years | Includes auto accidents, slip and falls, and most negligence claims |
| Wrongful Death | 3 years | Measured from the date of death or discovery of the negligent act that caused death |
| Medical Malpractice | 2 years | From discovery, with a 5-year maximum (statute of repose) |
| Product Liability | 2 years | From injury date, with a 10-year maximum (statute of repose) |
| Property Damage | 6 years | For damage to real or personal property |
| Claims Against Government | 2 years | Notice required within 180 days (1 year for wrongful death) |
When Does the Clock Start Running?
Generally, the statute of limitations begins to run on the date:
- You were injured
- You discovered or reasonably should have discovered your injury (for latent injuries)
- You discovered or reasonably should have discovered that your injury was caused by negligence (in some cases)
Important: The date when the statute begins running is not always clear-cut and can be subject to legal interpretation. This is one reason why consulting with a personal injury attorney promptly is essential.
Special Rules for Vulnerable Individuals
Oregon law provides special protections for certain vulnerable populations:
- Minors: For injuries to children under 18, the statute of limitations is typically "tolled" (paused) until they turn 18. They then have the standard time period to file a claim once they reach adulthood. However, their parents can file a claim on their behalf before they turn 18.
- Mental Disability: If a person is deemed mentally incapacitated at the time of injury, the statute may be tolled until the disability is removed. However, this tolling is subject to strict limitations and requirements.
Important Exceptions and Special Circumstances
Several factors can affect when the statute of limitations clock starts running or when it might be extended:
Discovery Rule
In some cases, you might not immediately know that you've been injured or that someone's negligence caused your injury. The "discovery rule" may extend the statute of limitations until the date you discovered or reasonably should have discovered:
- That you were injured
- The cause of your injury
- That the defendant's conduct might have been negligent
This rule commonly applies in medical malpractice cases, toxic exposure cases, and certain product liability claims.
Statute of Repose
While a statute of limitations can sometimes be extended, a statute of repose sets an absolute deadline regardless of when an injury was discovered. In Oregon:
- Medical malpractice claims have a 5-year statute of repose
- Product liability claims generally have a 10-year statute of repose
- Construction defect claims have a 10-year statute of repose
After these deadlines pass, claims are typically barred regardless of when the injury was discovered.
Government Claims - Notice Requirements
If your injury was caused by a government entity or employee (city, county, state, or federal), special rules apply:
- Oregon Tort Claims Act requires formal notice to the appropriate government entity within 180 days of injury (1 year for wrongful death)
- The notice must contain specific information about the time, place, and circumstances of the injury
- After proper notice, you have 2 years from the date of injury to file a lawsuit
- Federal tort claims have different notice requirements and deadlines
Failure to provide proper notice within these shorter timeframes will bar your claim entirely.
Defendant Leaves the State
If the defendant leaves Oregon after causing your injury but before you can serve them with a lawsuit, the statute of limitations may be "tolled" (paused) during the period they are absent from the state and not subject to service of process.
Fraudulent Concealment
If a defendant actively conceals their negligence or your cause of action, the statute of limitations may be tolled until you discover or reasonably should have discovered the concealed information.
Why Statutes of Limitations Exist
Though these deadlines may seem strict, they serve several important purposes in our legal system:
Preserving Evidence
Over time, evidence deteriorates, witnesses' memories fade, and documents may be lost. Time limits encourage prompt filing while evidence is still fresh and available.
Providing Closure
Defendants shouldn't have to worry indefinitely about potential lawsuits. Statutes of limitations provide finality and allow all parties to move forward after a reasonable time.
Encouraging Diligence
These deadlines encourage injured parties to investigate and pursue their claims promptly rather than sitting on their rights indefinitely.
Preventing Stale Claims
Courts prefer to adjudicate claims while the facts are fresh, witnesses are available, and evidence hasn't degraded. This helps ensure more just outcomes.
Steps to Take Before the Statute of Limitations Expires
If you've been injured, taking prompt action is essential to protect your legal rights:
Consult with an Attorney Early
Don't wait until the deadline is approaching. An early consultation allows time to investigate your claim, gather evidence, and prepare a strong case. Most personal injury attorneys offer free initial consultations.
Identify All Potential Defendants
Your attorney will help identify all parties who may be liable for your injuries. This is critical because different defendants might be subject to different limitations periods, especially if government entities are involved.
Gather and Preserve Evidence
Collect and organize all documents related to your injury, including medical records, accident reports, photographs, witness information, and correspondence with insurance companies.
Document Your Damages
Keep detailed records of all injury-related expenses, lost wages, and how your injuries have affected your daily life. This documentation will be crucial for calculating your damages.
Consider Pre-Litigation Settlement
Your attorney may recommend attempting to negotiate a settlement before filing a lawsuit. However, settlement discussions should not delay preparation for filing if the deadline is approaching.
File a Lawsuit Before the Deadline
If a fair settlement cannot be reached, your attorney will prepare and file a complaint to initiate your lawsuit before the statute of limitations expires. Even if settlement negotiations are ongoing, filing preserves your right to proceed with litigation if necessary.
Don't Wait Until the Last Minute
Waiting until near the statute of limitations deadline creates unnecessary risks. Filing a lawsuit involves multiple steps that take time, including gathering records, preparing legal documents, and properly serving defendants. Technical errors made in a last-minute rush could jeopardize your case.
How Johnson Law, P.C. Can Help
At Johnson Law, we understand the critical importance of meeting legal deadlines in personal injury cases:
- Free Case Evaluation: We offer complimentary consultations to evaluate your case and determine applicable deadlines.
- Deadline Tracking: Our case management system includes built-in safeguards to track and meet all statutory deadlines in your case.
- Thorough Investigation: We promptly investigate your claim to identify all potentially liable parties and applicable insurance coverage.
- Notice Preparation: For government claims, we prepare and file proper tort claim notices that comply with all statutory requirements.
- Extension Analysis: We analyze whether any exceptions might extend the standard limitations period in your specific situation.
- Timely Filing: When necessary, we prepare and file litigation documents well before deadlines to protect your legal rights.
Key Takeaways
Critical Points About Statutes of Limitations
Remember these important facts about time limits for personal injury claims
Deadlines Are Strict
Statutes of limitations are rarely flexible. Missing a deadline by even one day can permanently bar your claim, regardless of its merit.
Different Claims, Different Deadlines
Various types of personal injury claims have different time limits. Always confirm the specific deadline that applies to your situation.
Government Claims Have Special Rules
Claims against government entities have shorter notice requirements and specific procedural rules that must be followed precisely.
Don't Rely on Extensions
While exceptions like the discovery rule exist, they have strict requirements and are not guaranteed. The safest approach is to file within the standard time limit.
Insurance Negotiations Don't Pause Deadlines
Negotiations with insurance companies do not extend or pause the statute of limitations. The clock continues running even during settlement talks.
Consult an Attorney Early
An experienced personal injury attorney can identify applicable deadlines and ensure all necessary actions are taken to preserve your legal rights.
Limitation FAQs
Frequently Asked Questions About Statutes of Limitations
Common questions about time limits for personal injury claims in Oregon
What if I didn't realize I was injured until after the accident?
Oregon's "discovery rule" may extend the statute of limitations in cases where injuries weren't immediately apparent. The clock may start running from when you discovered or reasonably should have discovered your injury and its connection to the defendant's actions, rather than from the date of the accident itself. However, this rule has limits, and Oregon's statutes of repose set ultimate deadlines regardless of when an injury is discovered. For example, in medical malpractice cases, claims must be filed within two years of discovery but no more than five years from the date of treatment.
Does talking to an insurance company stop the statute of limitations from running?
No. Negotiating with an insurance company does not stop, pause, or extend the statute of limitations. The deadline continues to run even while you're in active settlement discussions. Insurance adjusters have no obligation to warn you about approaching deadlines, and they may continue negotiations right up to or past the deadline, after which they can deny your claim based on the expired statute of limitations. The only way to definitively stop the statute of limitations is to file a lawsuit before the deadline expires.
If I was injured in Oregon but live in another state, which statute of limitations applies?
Generally, the statute of limitations of the state where the injury occurred (Oregon) will apply to your case. However, this area can be complex due to legal principles like the "borrowing statute" and "choice of law" rules. In some situations, a court might apply the statute of limitations from your home state if it's shorter than Oregon's. Multi-state injury cases often involve complicated jurisdictional questions that require experienced legal analysis.
Can I file a lawsuit after the statute of limitations has expired if the other party agrees?
No. The statute of limitations is jurisdictional, meaning the court lacks authority to hear your case once the deadline has passed, even if both parties would agree to proceed. While a defendant can potentially waive certain defenses, the statute of limitations is considered a matter of the court's jurisdiction that cannot typically be waived by agreement. Once the deadline passes, your legal right to compensation is generally extinguished permanently.
What if my child was injured - does the statute of limitations work differently?
Yes. For injuries to minors (under 18 years old) in Oregon, the statute of limitations is typically "tolled" (paused) until they reach adulthood. This means a minor generally has until their 20th birthday to file a personal injury lawsuit (two years after turning 18). However, parents can file a lawsuit on behalf of their child before they turn 18, and in some cases involving government entities or medical malpractice, shorter deadlines may still apply. Additionally, waiting until a child reaches adulthood can create evidentiary challenges as witnesses' memories fade and evidence may be lost.
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