Most Portlanders never imagine they will need to file a personal injury claim after being injured in an accident. Still, Multnomah County citizens suffer personal injuries daily caused by another person’s negligence.
Oregon has strict statute of limitations laws that dictate how long you have to file an injury claim. If you exceed the time limit deadline you could lose your right to pursue compensation for your injuries and other related damages.
If you sustained an injury because of someone else’s careless actions, you should seek legal representation immediately. Contact our law firm today to schedule a free, no-obligation consultation with a Portland injury lawyer to discuss your legal needs.
Oregon’s Statute of Limitations for Personal Injury Claims
Oregon’s statute of limitations generally allows accident victims up to two years from the date of injury to file a lawsuit. Unfortunately, there is a common misconception that if you are in negotiations with the insurance provider or have an active claim, this stops the two-year clock. If you pass the two-year deadline and have not filed a suit, you will lose your right to try and recover compensation.
Conversely, the claims process is the period where your Oregon injury attorney and the insurance company try to reach a settlement without the need for litigation. The negotiation timeline usually begins immediately after the accident where each party works to reach a settlement agreement.
Different Deadlines for Different Types of Injury Claims in Oregon
Although personal injury cases have a strict deadline as to how long accident victims can file lawsuits, the timelines can vary depending on the type of injury and how it occurred.
Car and Motorcycle Accident Injuries
Motor vehicle accident victims generally have two years to file a lawsuit.
Medical Malpractice
Victims who have been injured by medical malpractice typically have 2 years from the date of injury or the date it should reasonably have been discovered. The state also imposes a maximum five-year time limit from the date of the act, regardless of when it was discovered
Product Liability
As with many other personal injury cases, those harmed by dangerous or defective products have 2 years from the date of injury to pursue compensation, with a 10-year limit to file regardless of when the injury was discovered.
Wrongful Death
Families of wrongful death victims have three years from the date of death to file a lawsuit to try to recover compensation for the loss of their loved ones.
Property Damage
If the case involves property damage, the accident victim has two years to file a lawsuit to recover damages.
Claims Against Oregon Government Entities
If your case involves a government entity, such as the Portland Bureau of Transportation (PBOT), you have up to 2 years to file a lawsuit; however, a formal notice must be filed within 180 days of the accident. The 180 days give the entity time to investigate, deny, or settle the claim. During this time, you are also prohibited from filing a lawsuit until after the 180 days have elapsed if you and the entity cannot reach a settlement.
Exceptions That Can Extend or Shorten the Deadline
Even though Oregon law imposes strict deadlines, there are exceptions that can extend or shorten the filing period.
The Discovery Rule
Often, in personal injury cases involving medical malpractice or toxic exposure, the statute of limitations clock begins when the injury was discovered or should reasonably have been discovered.
Minors and Incapacitated Persons
The statute of limitations may be tolled (paused) until the injury victim turns 18 or they are no longer deemed to be incapacitated. After an injury victim turns 18, they have two years to file a lawsuit.
Defendant Leaves Oregon
If the liable party leaves the state, the clock may be tolled until the defendant can be located. This legal provision is in place to ensure the injured party is not penalized for being unable to serve a lawsuit when the defendant’s whereabouts are unknown.
What Happens If You Miss the Statute of Limitations in Oregon?
It is vital that you either settle your claim or file a lawsuit within the set time limits. Failing to file a lawsuit after the deadline has passed will result in the Multnomah County court dismissing your case. Oregon courts strictly enforce the statute of limitations and its requirements.
Once the deadline passes, the insurance company has no legal incentive to try to settle the case, and you will lose all legal recourse to pursue future compensation. Although there are exceptions to the applicable timelines to file personal injury lawsuits, you should never rely on them as a guaranteed extension of the deadline.
Why You Should Not Wait to File Your Injury Claim
Aside from the legal deadlines involved with filing a personal injury lawsuit, there are other factors that make it necessary to file your claim on time. If you have been injured and are unable to work, you may quickly face a financial crisis as you worry about how to support yourself and pay for unexpected medical bills.
Other factors to consider include:
- Starting as soon as possible allows your attorney to collect evidence and build a robust case that can withstand legal scrutiny
- Evidence can quickly disappear as surveillance footage is regularly overwritten, and witnesses’ memories fade, or they move and become challenging to locate. Medical records also become less relevant and are considered weaker evidence the longer you wait to seek compensation.
How a Portland Personal Injury Attorney Can Protect Your Deadline
If you have been injured in an accident caused by someone else’s carelessness, you should seek help from a Portland personal injury attorney immediately. When you seek legal representation, your attorney will determine which specific legal statute applies to your case and
ensure all filing requirements are met
At Tillmann Law, our personal injury attorneys are committed to helping clients navigate the legal complexities involved with filing claims, such as handling paperwork and meeting all critical deadlines.
Contact our Portland, Oregon, law firm today at (855) 503-5035 to schedule a free consultation and get started on your case.
