Oregon Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Oregon is two (2) years (Ref: Or. Rev. Stat. § 12.110). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within two years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Oregon Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Oregon personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Oregon

There are some variations & exceptions to the 2 years statute of limitations on personal injury cases in Oregon. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

• First off, if at the time of the underlying accident, the injured person is under the age of 18 or "has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know," the injured person will have extra time to file the personal injury lawsuit once this period of "legal disability" ends (meaning once the injured person turns 18 or is declared competent), according to Oregon Revised Statutes section 12.160. But the filing period won't be extended for more than five years, or for more than one year after the disability ends, whichever comes first.
• Next, under Oregon Revised Statutes section 12.150, if the defendant departs from the state of Oregon at any point after the underlying accident, but before the lawsuit can be filed, and takes up residence in another state, or if the defendant takes steps to conceal him or herself within the state, the period of absence/concealment probably won't be counted as part of the one-year period (the statute of limitations "clock" will be paused during this time, in other words).

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Oregon statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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