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A statute of limitations is a legal standard for the window of time in which accident victims can take legal action. Think of it like a countdown—the statute of limitations establishes when that countdown starts, (usually the date of the accident,) and how long it will be.
Depending on the state and the nature of the offense, the timeline itself will vary, but in almost all cases, once that window closes, there is no more room to take legal action.
In Oregon, the statute of limitations for personal injury accidents is two years from the date of incident. This includes motor vehicle accidents, slip-and-falls, and even intentional harm.
This will apply broadly across a variety of personal injury incidents. However, there are many different types of torts which can affect the statute of limitations.
Sometimes, multiple different statutes of limitations may apply. In such situations, the one which lasts the longest is usually upheld.
The following table breaks down the statutes of limitations for different types of torts in Oregon.
Case Type | Statute of Limitations |
Personal injury | 2 years from the date of incident. |
Wrongful death | 3 years from the date of death. |
Defamation | 1 year from the date of the defamatory statement. |
Fraud | 2 years from the date harm is discovered / reasonably should have been discovered. |
Child abuse | Either 1) before the victim turns 40 years old, or 2) within 5 years of the date the connection between abuse & harm is discovered / reasonably should have been discovered, whichever period is longer. |
Sexual assault of adults | Within 5 years of the date the connection between assault & harm is discovered. |
Malpractice or personal injury resulting from medical treatment | 2 years from the date the injury is discovered / reasonably should have been discovered. The window for legal action shall not exceed 5 years from the date of the treatment that caused the injury. |
Product liability | 2 years from the date the connection between the product & harm is discovered / reasonably should have been discovered. The window for legal action shall not exceed 10 years from the date the product was purchased for use. |
If the defendant is absent or concealed in a way that prevents legal action, the “countdown” is suspended for the duration of their absence / concealment. | |
If the victim is a minor or intellectually disabled when the statute of limitations expires, the time for legal action can be extended to grant them an additional year after turning 18 or being declared mentally competent. This extension cannot exceed five years. | |
If the defendant is a government entity, a notice of claim must be filed within 180 days of the injury. | |
Thankfully, the statutes of limitations themselves are often relatively straightforward. However, just as a personal injury accident can be more complex than it first appears, things can get a little more complicated when it comes to determining the deadline to sue.
For very specific cases, the statute of limitations can be adjusted in certain ways, ensuring a fair chance for victims to take legal action. We will look at some of the most prominent examples of special cases below.
Some cases may involve deception or have an unclear causal relationship. In other words, the victim may not initially realize the harm done to them. As a result, for some cases, the countdown starts on the day the harm and its cause are discovered (or reasonably should have been discovered) instead of on the date that the harm actually took place.
Let’s take an example of a topical ointment that causes serious damage to someone’s skin, despite no warnings on the label to indicate that risk. Someone who uses this ointment wouldn’t likely know right away that it is dangerous. Fortunately, Oregon has a discovery rule in place for product liability cases. In this case, the countdown would not start until they discovered the link between the ointment and their skin damage.
If the person being sued attempts to run or hide to avoid legal action, the proverbial “clock” may be paused during the duration of their absence. This helps prevent the statute of limitations from being used as a weapon against the victim.
If the injured person in a claim is a minor or has a disabling mental condition, they are entitled to an extension, allowing them to file after turning 18, or in the case of the latter, upon no longer having said disabling condition. This extension ends on the earlier of two dates:
If you believe the state is at fault for an incident, you may still sue them. The statute of limitations for personal injury remains unchanged, but you must also file something called a notice of claim within 180 days of the injury.
The exception to this rule is wrongful death claims, for which the window to file a notice of claim extends to one year.
A notice of claim simply means informing the relevant government entity of your intent to bring legal action against them. There are several accepted means to do so, and an Oregon personal injury lawyer will be sure to help you if this is necessary.
Oregon implements statutes of repose on certain types of personal injury cases. A statute of repose is a different kind of time limit which may supersede the statute of limitations. Some of the cases with statutes of repose include:
If the statute of limitations for your personal injury case expires, you will no longer be able to legally claim compensation from the at-fault party. Because you only have a certain amount of time to file a suit after personal injury, acting quickly will be the best way to proceed.
Whether it’s seeking medical attention, gathering evidence, or consulting a personal injury attorney, the sooner you start, the better. While it might be tempting to delay the process, remember that other parties such as insurance companies may try to do the same. Starting earlier means that even if unexpected delays arise, you can proceed without anxiety.
While the deadline imposed by the statute of limitations can seem scary, its rigidity can be helpful to victims. By providing a clear timeline, it allows you and your attorney to plan ahead properly and avoid rushing into a suit before you’ve had proper time to prepare.
The statutes of limitations in Oregon for various personal injury claims are not decided at random. They’re designed so that victims have sufficient time to prepare a strong case. At the same time, preparing for legal action is a long and arduous journey, and you shouldn’t have to face it alone.
When you choose to work with an Oregon personal injury attorney, you gain a steadfast ally through every step of the legal process. A lawyer’s expertise in personal injury claims will ensure a stronger, more well-rounded case, from a smoother negotiation process to more robust evidence-gathering.
If you’re ready to take on your Oregon personal injury case or have specific questions about how the statute of limitations in Oregon affects your situation, don’t hesitate to call Senft Legal. Our Oregon personal injury attorneys have decades of experience under their belts and are dedicated to fighting for you. Best of all, your consultation is absolutely free, and our no-win no-fee pay structure ensures risk-free representation. We’re available 24/7, so you can get started right away.
Oregon Revised Statutes, Chapter 12
Oregon Revised Statutes, Chapter 30