In Oregon, you have just two years to file a personal injury lawsuit and three years to file a wrongful death lawsuit. In some cases, you have even less time. Failure to file a legal action within these statutes of limitations means you will not be able to file a lawsuit even if you have a legitimate claim.
Let’s explore these filing deadlines in more detail below, including possible exceptions to these statutes of limitations. If you need to discuss an accident with a lawyer, Rob Kline is here to help. For a free consultation, contact our Downtown Portland law firm today.
Key Takeaways:
- Oregon’s statute of limitations for personal injury claims is typically two years from the date of an incident. If a government entity is involved in the incident, you have just 180 days to provide a formal Tort Claim Notice.
- For fatal accidents and injuries, the statute of limitations for a wrongful death action is typically three years from the date of the decedent’s passing. If a government entity is involved in the incident, you have one year to provide a formal Tort Claim Notice and a wrongful death action must be filed within two years of the death of the decedent.
- Under the discovery rule, the statute of limitations begins when you first discover an injury. This applies to situations in which the injury is not immediately noticeable.
- If the statute of limitations passes and you have not filed your lawsuit, you cannot pursue a claim. All medical bills and lost wages will need to be covered out of pocket.
What Is the Statute of Limitations for Personal Injury Claims in Oregon?
For the majority of personal injury cases, the Oregon statute of limitations for personal injury lawsuits is two years (ORS § 12.110).
While two years may sound like a long time, building a trial-ready case (i.e., gathering police reports, medical records, and expert testimony) takes significant time and effort. It’s best to speak with a personal injury lawyer as soon as possible.
What Is the Statute of Limitations for Wrongful Death Claims in Oregon?
In Oregon, a wrongful death lawsuit must typically be filed within three years of the injury that caused the death (ORS § 30.020). A wrongful death lawsuit against the state or local government entity must be filed within two years.
However, this process is more complex than a standard injury claim because a personal representative must be appointed by the court to act on behalf of the estate. This administrative step can eat into your filing window, making it critical to contact an attorney immediately.
Are There Exceptions to These Deadlines to File a Lawsuit?
While the two- and three-year statutes of limitations are the standard for personal injury and wrongful death cases, respectively, Oregon law includes several specific exceptions that can either shorten or possibly extend your window to file a lawsuit after an accident.
Claims Against the Government or a Public Body
If you were hit by a TriMet bus, a city vehicle, or injured due to a poorly maintained state road, you face a much shorter deadline.
Under the Oregon Tort Claims Act, you must provide a formal Tort Claim Notice within 180 days of the injury, in wrongful death cases, the period is extended to one year. Failure to provide this notice usually bars you from ever suing the government entity, even if the statute of limitations hasn’t expired yet.
Dram Shop Liability in Drunk Driving Accidents
If a drunk driver caused your accident, you might have a claim against the bar or restaurant that overserved them. This is known as dram shop liability.
In Oregon, you generally must provide the restaurant or bar with a formal notice of your intent to file a claim within 180 days (or one year in the case of wrongful death). Without this specific notice, you may lose the right to hold the establishment accountable.
The Discovery Rule
In some rare cases, an injury isn’t immediately obvious. The discovery rule may allow the statute of limitations to begin on the date you discovered the injury (or reasonably should have), rather than the date the accident happened.
However, this rule is applied very narrowly by Oregon courts. You cannot simply claim you “didn’t know” you could sue; you must prove the injury itself was hidden or latent.
Accidents Involving Minors
When a child under 18 is injured, the law offers additional protection. The statute of limitations for a minor is “tolled” (paused).
Generally, a minor has until one year after their 18th birthday to file, but there is a maximum extension of five years total. This means the deadline cannot be extended more than five years beyond the original two-year limit.
Accidents That Cause Disabling Mental Conditions
If a person suffers from a disabling mental condition that prevents them from understanding their rights, the statute of limitations may be tolled.
Similar to the rule for minors, the law allows the clock to pause while the disability exists, but the extension is capped at five years. Proving a disabling mental condition requires evidence which can include medical documentation and expert testimony.
What Happens If I Do Not File a Lawsuit in Time?
If the deadline passes and you have not filed your lawsuit after an accident, your claim is legally dead. A judge will almost certainly dismiss your case upon a motion from the defense. At that point, you have zero leverage. Insurance companies will stop negotiating, and you will be left responsible for all your medical bills and lost wages out of pocket.
Why Timing Is the Insurance Company’s Best Friend
Insurance adjusters are trained to be friendly and helpful. They may tell you they are still reviewing the file or waiting on one more document. This can be a stall tactic. They know that as you get closer to the two-year mark, you become more desperate.
If the insurance company can push you near or past the filing deadline, they save thousands—or millions—of dollars.
Position Yourself to Win with Attorney Rob Kline
Attorney Rob Kline won’t just process your claim. He will prepare your claim for the courtroom. We maintain a trial-ready posture from day one. This means we treat your case with the urgency it deserves, ensuring every deadline is met and every piece of evidence is preserved while it’s still fresh.
Rob started his legal career representing insurance companies and large corporations. He can use that knowledge to benefit you and your claim, negotiating a better settlement and helping you receive just compensation for the true value of your claim.
Don’t Let the Clock Run Out: Contact Our Law Firm Today
If you have questions about how long you have to file a lawsuit after an accident in Oregon, don’t guess. Contact us today for a free consultation and let us help you secure the justice you deserve.
