If you’ve been hurt due to someone else’s negligence, you have the right to pursue compensation for your medical expenses, lost wages, pain and suffering, and other losses. But it’s important to understand that Oregon law strictly limits how long you have to file a personal injury lawsuit under the statute of limitations. If you have questions about how much time you have to file, contact Rizk Law right away for your free consultation.
What Is the Statute of Limitations for Personal Injury in Oregon?
Oregon law sets a two-year general deadline from the date of an injury to file a personal injury lawsuit. This applies to most types of accidents, including car crashes, medical malpractice, slip and fall accidents, and dog bites. Meanwhile, a different statute outlines that victims have two years to file a product liability lawsuit after discovering an injury and its connection to a product.
If you are suing for the wrongful death of a loved one, Oregon law extends the statute of limitations to three years. Unlike many other states, the clock still starts on the date the injury happened, not necessarily when the death occurs. If a person was injured but passed away months or years later due to their injuries, the family may have less time to file a wrongful death lawsuit than expected.
For legal action against a government entity, such as suing a city-operated transportation service after a car accident, state law imposes a much tighter deadline of 180 days to file a tort claim notice with the government agency. However, the deadline is extended to one year for wrongful death claims. The notice must be sent by certified mail with a return receipt to prove it was sent on time.
How the Statute of Limitations Affects Your Right to Compensation
If you don’t file within the designated personal injury legal timeframe, you will lose the right to seek compensation. Once the deadline passes, the court will dismiss the case, preventing any further legal action.
Aside from the statute of limitations impacting your legal rights, waiting too long can weaken your case. If an insurance company knows a victim is running out of time to file a lawsuit, they may be less inclined to offer a fair settlement during the claims process. Gathering evidence, securing witness statements, and consulting medical experts are also crucial components of building a strong case – but they take time. The longer you wait, the greater the chances are of evidence being lost, destroyed, or forgotten. Consulting an attorney as soon as possible can help protect your rights and strengthen your personal injury case.
Exceptions to Oregon’s Statute of Limitations for Injury Claims
In most cases, Oregon law sets a firm deadline. But certain exceptions to Oregon’s personal injury statute of limitations give you more time to file:
The Injury Is Not Immediately Discovered
Sometimes, harm from an incident isn’t obvious right away. For example, suppose a person suffers lung damage from prolonged exposure to toxic chemicals in a household cleaner but only realizes the correlation years later. Or perhaps a surgeon makes a mistake during surgery, but the patient doesn’t know until they start having complications after several months.
In cases like these, the statute of limitations begins when the victim should have reasonably known about the injury or its cause. This is known as the “discovery rule.”
However, there is an exception for medical malpractice cases. A lawsuit cannot be filed more than five years after the malpractice occurred, even if the injury was not immediately discovered.
The Injury Victim Is a Minor at the Time of the Incident
For victims under 18, the clock does not begin until they are legally an adult. Oregon law typically caps the extension at five years or a year after they turn 18, whichever comes first.
The Victim Has a Disabling Mental Condition
If the injured person has a disabling mental condition at the time of the injury, the statute of limitations may be tolled (paused) until they regain legal capacity. For example, if a car accident victim is in a coma or suffers cognitive impairment, the statute of limitations may be paused until they recover enough to participate in legal proceedings. However, the limit is capped at five years or a year after the victim is no longer disabled, whichever happens first.
The At-Fault Party Hides or Leaves the State
If the person responsible hides or leaves Oregon before a lawsuit is filed, the statute of limitations pauses until they return. The time they spend hiding or out of state does not count toward the deadline. However, proving their absence and tracking their return can be challenging. An experienced personal injury attorney can help you hold them accountable.
How a Personal Injury Attorney Can Help You Meet Oregon’s Filing Deadline
Missing a filing deadline can cost you the right to seek compensation, which is why having an experienced personal injury attorney on your side is crucial. The first step is determining your deadline, which isn’t as simple as it seems. Oregon’s complex personal injury laws may mean you must act sooner than you thought. A lawyer can review your case and identify how long you have to file your lawsuit. If the at-fault party wrongly claims your deadline has passed and your case should be thrown out, your attorney can fight to protect your right to pursue compensation. They can also help make sure all paperwork is filed correctly and on time while gathering the necessary evidence to build a strong case before time runs out.
Contact Our Experienced Oregon Personal Injury Lawyers Before Your Deadline
At Rizk Law, we know what you are going through because we have been in your shoes. We know firsthand the physical, emotional, and financial struggles injury victims face.
We also understand the legal battle ahead. Attorney Richard Rizk spent over a decade working for insurance companies, where he saw how they minimize or deny claims to protect their profits. Now, we use that insider knowledge to fight for the compensation our clients deserve. For example, we recently secured $1.25 million for a pedestrian hit by a commercial vehicle.
Along with our proven results, we’re committed to providing a supportive, client-centered experience. Our testimonials speak volumes, and clients often tell us how much they appreciate our responsiveness, open communication, and the relief they get knowing we are handling the legal process for them.
If you have questions about personal injury claim deadlines, reach out to Rizk Law today. There is no cost to get started, and your initial case evaluation is free.