If you’ve been injured in an accident in Oregon due to someone else’s negligence – whether it was a car crash, a slip and fall, or any other incident – you’re likely facing not only physical recovery but also mounting medical bills and lost wages. Amidst this challenging time, one of the most vital questions you need answered is: “How long do I have to file a personal injury claim?” The answer lies in what Oregon law calls the “statute of limitations,” a strict legal deadline that governs your right to seek compensation.
At Dawson Law Group, our experienced Portland personal injury lawyers understand that navigating these legal time limits can be confusing and stressful. Missing your deadline, even by a single day, means losing your legal right to pursue compensation, no matter how strong your case. This comprehensive guide will break down Oregon’s personal injury statute of limitations, illuminate critical exceptions, and explain why acting quickly after an injury is always in your best interest.
The Golden Rule: Two Years for Most Personal Injury Claims
For the vast majority of personal injury cases in Oregon, the general rule is that you have two years from the date your injury occurred to file a lawsuit in civil court. This crucial deadline is outlined in the Oregon Revised Statutes (ORS) 12.110(1).
This two-year limitation period applies to a wide range of common personal injury claims, including:
- Car, truck, and motorcycle accidents
- Bicycle and pedestrian accidents
- Slip and fall injuries (premises liability)
- Dog bite incidents
- Assault and battery claims
- Product liability cases (for injuries to the person)
It’s vital to grasp that this deadline refers to the filing of a formal lawsuit in court, not merely reporting the accident to an insurance company or beginning settlement negotiations. While you should notify insurers promptly, engaging in discussions with them does not pause or extend this two-year clock. If a fair settlement isn’t reached, you must file your lawsuit before the deadline expires.
Critical Exceptions: When the Clock Starts or Stops Differently
While the two-year rule is standard, Oregon law includes important exceptions that can alter this deadline. These exceptions can be complex and are often misunderstood, making experienced legal advice essential.
1. Wrongful Death Claims: A Different Timeline
If a personal injury results in a fatality, and you are filing a wrongful death claim on behalf of the deceased, the statute of limitations is generally three years from the date of the death, as per ORS 30.020. This is a distinct period from a standard personal injury claim where the victim survives.
2. Claims Against Government Entities: Much Shorter Deadlines!
This is arguably the most critical exception to be aware of. If your injury was caused by a government entity (such as a city, county, or the State of Oregon) or a government employee acting within their official duties, the deadlines are drastically shorter, and strict notice requirements apply under the Oregon Tort Claims Act (ORS 30.260 to 30.300):
- For personal injury claims, you typically have only 180 days (approximately six months) from the date of the injury to provide official written notice of your claim to the specific government entity involved.
- For wrongful death claims against a public body, this notice period is one year from the date of death.
Failing to provide this formal notice within these extremely tight timeframes will almost certainly result in the permanent loss of your right to sue, even if the general two-year personal injury statute of limitations for private parties hasn’t expired. Due to the procedural complexities and short timelines, consulting an attorney immediately for any accident involving a governmental body is non-negotiable.
3. Minors (Under 18 Years Old)
If the injured person is under the age of 18 at the time of the injury, the two-year statute of limitations typically does not begin to run until they turn 18. This means a minor effectively has until their 20th birthday to file a personal injury lawsuit. However, this extension generally cannot exceed 7 years after the accident or one year after turning 18, whichever occurs first (ORS 12.160). It’s also crucial to remember that claims against government agencies for minors are not extended beyond two years after the accident.
4. Mental Incapacity
If the injured individual is legally deemed mentally incapacitated at the time of the injury, the statute of limitations may be “tolled” (paused) until their incapacity is removed. This provision, also found in ORS 12.160, protects individuals unable to understand or act upon their legal rights due to their condition.
5. The “Discovery Rule” (Limited Application)
In some specific and limited circumstances, particularly where an injury or its cause is not immediately apparent, Oregon may apply a “discovery rule.” This rule can potentially delay the start of the two-year clock until the date the injured person discovered, or reasonably should have discovered, their injury and that it was caused by another’s negligence. This is more common in cases like medical malpractice or latent injuries from certain defective products. However, the discovery rule is subject to strict interpretation by courts, and a “statute of repose” in some areas can still impose an absolute maximum deadline regardless of discovery, making it risky to rely on without legal counsel.
For official details on these statutes, you can refer to the Oregon Revised Statutes via OregonLaws.org (ORS 12.110), and explore related sections for specific claim types and exceptions.
Why You Shouldn’t Wait: The Importance of Prompt Action
Even if you believe you have plenty of time before your specific statute of limitations expires, waiting to contact a personal injury attorney can severely jeopardize your case. Prompt action offers critical advantages:
- Preserving Evidence: Physical evidence at an accident scene (e.g., skid marks, debris, property damage) can disappear or degrade. Surveillance footage is often deleted quickly.
- Witness Accessibility and Memory: Witnesses are easier to locate and their memories are much more accurate in the immediate aftermath of an event. Over time, recollections fade, and witnesses may move or become unavailable.
- Medical Documentation: Delays in seeking medical treatment can be used by insurance companies to argue that your injuries were not serious or were not directly caused by the accident. Consistent, timely medical records are the backbone of your claim.
- Insurance Company Tactics: Insurance adjusters are often more willing to offer lower settlements to unrepresented parties, especially as the filing deadline approaches, hoping to avoid a lawsuit entirely.
- Complex Investigations: Building a strong personal injury case requires thorough investigation, expert analysis, and meticulous documentation, all of which take time.
Contact Dawson Law Group Immediately
Understanding “How long do I have to file a personal injury claim in Oregon?” is just the first step. The complexities of Oregon’s statute of limitations, particularly its exceptions and the critical shorter deadlines for government claims, underscore the absolute necessity of experienced legal guidance.
At Dawson Law Group, our Portland personal injury lawyers are dedicated to protecting the rights of injured individuals across Oregon. We will:
- Provide a free, comprehensive consultation to assess your case and determine your precise filing deadlines.
- Launch an immediate investigation to preserve crucial evidence and gather witness testimony.
- Ensure all required notices and legal documents are filed accurately and on time.
- Aggressively negotiate with insurance companies on your behalf, or if necessary, litigate your case in court to secure the maximum compensation you deserve.
Don’t let a missed deadline cost you your right to justice. The clock starts ticking from the moment of your injury. Contact Dawson Law Group today for a free consultation. Let us handle the legal complexities while you focus on your recovery. Visit our main personal injury lawyer Portland page to learn more about how we can help you.