If you’ve been injured or involved in an accident in Oregon, you’ll most likely want to seek justice and compensation to cover the associated costs and help with your recovery. The legal process is designed to help victims of injuries, but you only have a limited time in which to make your claim; this is known, technically, as the personal injury statute of limitations.
The statute of limitations for injury cases varies from state to state, which is why it’s so crucial to understand the precise rules for your location. In this guide, we’ll explain how the statute of limitations for personal injury cases works in Oregon, as well as answer related questions and possible exceptions to the rules.
What Is the Oregon Personal Injury Statute of Limitations?
First, a quick definition, the personal injury statute of limitations in Oregon is the personal injury claim time limit. It’s the amount of time after your accident in which you’re allowed to make your claim (file a lawsuit against the people or parties you hold liable for the accident).
The Standard Time Limit for Filing a Personal Injury Lawsuit
In the state of Oregon, the personal injury lawsuit statute of limitations runs for two years from the date of injury to get to court and file their lawsuit. This is the standard injury lawsuit time limit, applying in most common types of personal injury cases. That includes all of the following:
- Car accidents
- Slip and fall accidents
- Dog bites
However, there are certain exceptions to the standard statute of limitations for injury cases.
Other Specific Deadlines
While two years is the typical personal injury statute of limitations for Oregon injury victims, there are other deadlines that may apply, depending on the nature of your personal injury case. These include:
- One year for cases of defamation
- Two years for cases of medical malpractice
- Two years for lawsuits involving defective products
- Six years for most lawsuits involving injury to property
When Does the Statute of Limitations Begin in Oregon?
As well as knowing the length of the statute of limitations for personal injury cases in Oregon, you also need to know when the clock starts ticking, so to speak, or when the limitations period for personal injury begins.
This depends on the nature of the case itself. In a lot of accident and injury situations, it’s clear to see how and when an injury occurred, and the timeframe for injury cases begins right at the date when the injury occurred. For example, in the case of an auto accident, the deadline for filing a personal injury lawsuit will be two years from the accident date.
However, there are situations where injuries are not immediately apparent or harm only appears days, weeks, or even longer after an incident. In those cases, the personal injury lawsuit statute of limitations may start at the point at which the injury was discovered, or when it should have been discovered, had the victim received reasonable care.
This is the “discovery rule”, and it’s an important part of Oregon personal injury law to understand. It applies in many situations, like if a patient has an operation and then starts to suffer side effects months later which are found to be related to some sort of mistake or malpractice which occurred when the operation was carried out.
What Happens if You Miss the Deadline for the Statute of Limitations in Oregon?
Let’s say you fail to contact Portland personal injury lawyers in time to file your lawsuit before the statute of limitations expires. What happens then? Well, unfortunately, in the majority of cases, the state’s court system will refuse to hear your case and you may have lost your chance at compensation and justice.
This shows just how important it is to get a personal injury attorney and make your claim as soon as you can to avoid any possible problems.
Is it Possible to Extend the Statute of Limitations Deadline in Oregon?
In most cases, the statute of limitations is a fixed, rigid timeframe, and you have to file your lawsuit within that time to seek compensation. However, there are some cases in which you can effectively “extend” the timeframe or even “pause” the clock on the statute of limitations temporarily, giving you more time to prepare and file your claim.
How the Discovery Rule Impacts the Statute of Limitations
As explained earlier on, Oregon’s discovery rule means that the statute of limitations doesn’t necessarily start right on the date of an injury. You might get injured, not know about it, and only find out later. In that case, your statute of limitations applies from when you discover your injury (or when it should have been discovered in the course of reasonable care).
If the Injured Individual is a Minor or Someone with a “Disabling Mental Condition”
There are also exceptions to the rules in cases where the victim isn’t an adult or is someone with a mental condition that affects their ability to understand their rights and take legal action for themselves.
In these kinds of situations, the statute of limitations is extended by a minimum of one year.
Minors, for example, can have up to the age of 18 and one year after that to file their claims, with a maximum statute of limitations extension of five years in total. For those with mental disabilities, too, the timeframe can be expected until the individual is declared able and competent to file their lawsuit or given the assistance needed to do so.
If the Defendant Departs from Oregon (or “Hides” Themselves)
Personal injury laws in Portland also state that victims can claim a statute of limitations extension in situations where the person responsible (the defendant) hides or leaves the state. The period during which the defendant is effectively “concealed” won’t count towards the statute of limitations, so the clock effectively stops until the defendant is revealed.
Steps to Take if the Statute of Limitations is Approaching
If the statute of limitations deadline is drawing nearer and you’ve still not filed your claim, it’s important to act fast.
Importance of acting quickly
As stated, if you miss the deadline, you may miss your entire opportunity to file a claim and get compensation. So you won’t want to wait too long.
Consulting with a personal injury attorney
The best step you can take is to contact our experienced personal injury lawyers and get legal experts on the case.
How an Attorney Can Help
A personal injury attorney will be able to support you in your quest for compensation. They’ll be able to make your claim in the court system before the deadline expires so you don’t miss your chance, as well as helping you gather evidence and build a compelling case to get the maximum amount of compensation you deserve to cover costs related to your injury.
Overall, the big takeaway is that, at two years, the statute of limitations in Oregon isn’t particularly long. Two years may seem a long time, but it goes fast, and you won’t want to delay or hesitate too long, as you may miss the deadline or miss chances to gather valuable evidence and build a strong case in your favor. Get in touch with trusted lawyers as soon as possible after an accident for the best chance of success.
