Oregon Statute of Limitations on Personal Injury Claims

When pursuing a personal injury claim in Portland, Oregon, understanding the applicable statute of limitations is very important. The statute of limitations establishes a legal deadline within which a plaintiff must file a lawsuit. Missing this deadline can bar you from recovering compensation for injuries, no matter how strong your case may be or the status of your health. 

The statute of limitations on Oregon personal injury claims has certain intricacies and exceptions that are practical to know to make sure your claim is filed on time.  Lyndon Ruhnke, P.C. can help you with your personal injury claim in Portland, Oregon and provide you with support after you've been injured. 

What Is a Statute of Limitations?

A statute of limitations is a state-specific law that limits the time period within which legal action can be initiated. These time limits vary depending on the type of case and jurisdiction. 

For personal injury claims, the statute of limitations typically begins to run from the date of the injury or discovery of the harm. Its purpose is to encourage the timely pursuit of claims while making sure evidence remains available and witnesses can provide accurate testimony.

The General Rule in Oregon

The statute of limitations for a personal injury claim in Portland, Oregon and surrounding areas comes from the general rule of law. Under Oregon law, the statute of limitations for personal injury claims is generally two years. 

This is codified in Oregon Revised Statutes (ORS) 12.110(1). According to this statute, a personal injury lawsuit must be filed within two years from the date of the injury or the date when the injury was reasonably discovered.

For example, if you were involved in a car accident on January 1, 2022, you would have until January 1, 2024, to file your personal injury lawsuit. Failing to file within this period typically results in the dismissal of your claim.

Exceptions to the Two-Year Rule

While the general rule is straightforward, certain circumstances may alter or "toll" the statute of limitations. Below are the most common exceptions to Oregon’s two-year statute of limitations:

Minors

If the injured party is a minor (under the age of 18), the statute of limitations does not begin to run until they turn 18. This exception is outlined in ORS 12.160.

For example, if a 15-year-old suffers a personal injury on January 1, 2022, their two-year filing period would not begin until their 18th birthday on January 1, 2025, giving them until January 1, 2027, to file a lawsuit.

Incapacitated Individuals

For individuals who are mentally incapacitated at the time of the injury, the statute of limitations may be tolled until they regain legal competency. This provision is also governed by ORS 12.160.

Discovery Rule

In cases where the injury or its cause is not immediately apparent, Oregon applies the discovery rule. Under this rule, the statute of limitations begins when the injured party knew or should have known about the injury and its cause.

For example, in a medical malpractice case, if a surgical error causes internal damage that is not discovered until months later, the two-year period would start from the date of discovery rather than the date of surgery.

Claims Against Government Entities

If the claim involves a government entity, different rules apply. Under the Oregon Tort Claims Act (ORS 30.260 - 30.300), you must provide a notice of claim within 180 days of the injury. After providing notice, the two-year statute of limitations still applies for filing the lawsuit.

Wrongful Death Claims

For wrongful death claims, Oregon law sets a statute of limitations of three years from the date of the deceased’s injury. This is specified in ORS 30.020. However, the nuances of wrongful death claims often require careful legal analysis.

Out-of-State Defendants

If the defendant leaves the state or cannot be located within Oregon, the statute of limitations may be tolled until they return or can be reasonably found. This is outlined in ORS 12.150.

Consequences of Missing the Deadline

There are many things to consider when filing a personal injury claim in Portland, Oregon, including the consequences of missing the deadline. Failing to file your lawsuit within the applicable statute of limitations typically results in your case being dismissed. 

Courts enforce these deadlines strictly, with very few exceptions. Even if your case has merit, missing the deadline generally means forfeiting your right to recover compensation.

Here’s an example. Imagine you suffered a slip-and-fall injury at a local business on January 1, 2022, but you file your lawsuit on February 1, 2024. Unless an exception applies, the court will likely dismiss your case due to the expired statute of limitations.

Practical Tips to Protect Your Claim

Understanding the statute of limitations can be difficult, especially when exceptions or unusual circumstances apply. Here are some practical tips to make sure your claim remains viable:

1. Act Quickly

Don’t wait to start your claim. Begin gathering evidence, seeking medical treatment, and consulting with an attorney as soon as possible after the injury.

2. Consult an Attorney Early

An experienced personal injury attorney can help you understand the specific deadlines applicable to your case, particularly if exceptions like the discovery rule or government claims are involved.

3. Document Everything

Keep detailed records of the injury, medical treatments, and any communications with insurance companies or potential defendants. Documentation helps establish timelines and strengthens your case.

4. Provide Notice for Government Claims

If your claim involves a public entity, adhere to the shorter notice requirements of the Oregon Tort Claims Act. Missing the 180-day notice deadline can jeopardize your case, even if the two-year statute of limitations has not expired.

5. Monitor Deadlines

Maintain a calendar of critical dates, including the injury date, discovery date, and any tolling events, to align with compliance and deadlines.

Common Questions About Oregon’s Statute of Limitations

1. Can I file a claim after the statute of limitations expires?

Generally, no. However, certain exceptions, such as tolling for minors or incapacitated individuals, may extend the filing deadline. Consult an attorney to explore any potential options.

2. Does the statute of limitations apply to insurance claims?

The statute of limitations applies to lawsuits, not insurance claims. However, insurance companies often impose their own deadlines for filing claims. Review your policy to align with compliance.

3. What if I’m partially at fault for my injury?

Oregon follows a modified comparative negligence rule. As long as you are less than 51% at fault, you can recover damages. However, your recovery will be reduced by your percentage of fault.

4. How do I know if the discovery rule applies?

The discovery rule applies when an injury or its cause is not immediately apparent. An attorney can evaluate your case to determine whether this exception is relevant.

Reach Out to An Attorney Today

The statute of limitations is a critical aspect of personal injury claims in Oregon. Understanding the deadlines and exceptions helps you preserve your right to seek compensation. If you’ve been injured, call Attorney Ruhnke to evaluate your case.

By acting quickly and staying informed, you can protect your legal rights and improve your chances of a favorable outcome. I serve Portland, Oregon; Beaverton, Oregon; and Gresham, Oregon. Call Lyndon Ruhnke, P.C. to get started.