Oregon Personal Injury Statute of Limitations
Posted on October 24, 2025 writen by Jane Paulson in Personal Injury
When someone is hurt in Portland, they often ask how long they have to take legal action. At Paulson Coletti, we know timing can make or break a case. As a personal injury lawyer Portland residents trust, we guide clients through Oregon’s deadlines and protect their right to compensation.
In Oregon, the general statute of limitations for personal injury claims is two years from the date of the injury or when the injury was reasonably discovered. Some claims have exceptions, such as wrongful death (three years) or tolling for minors and people with certain mental health conditions. Missing these deadlines usually means losing the ability to file a lawsuit.
Understanding how the Oregon statute of limitations for personal injury law applies to your case can mean the difference between having your day in court and losing the chance to recover damages entirely.
Call Us (503) 226-6361 Oregon Statute Of Limitations Personal Injury
The Oregon statute of limitations for personal injury law sets the window in which an injured person can bring a claim to court. The general rule is two years, but how that time is calculated depends on the circumstances. These rules apply to a wide range of cases, from car crashes on I-5 to serious falls on Portland construction sites.
The 2-year general rule under ORS 12.110
According to ORS 12.110, an action for “any injury to the person or rights of another, not arising on contract” must be filed within two years. That covers most personal injuries, including:
- Car accidents.
- Slip and fall injuries.
- Assault or battery.
- Negligence-based claims.
The law is strict, and filing even one day late usually bars the claim. That’s why we act quickly to investigate, preserve evidence, and make sure our clients stay within the statute of limitations.
When Does The Filing Clock Start In Oregon?
The clock typically starts on the date of the injury. For example, if you were hurt in a car crash on September 1, 2023, you generally have until September 1, 2025, to file. However, Oregon recognizes the discovery rule. This means the deadline can begin when a person reasonably discovers the injury. This matters in cases involving hidden harm, like asbestos exposure or a delayed diagnosis.
Courts weigh whether a reasonable person could have recognized the injury earlier, which can shift the start date. This discovery principle often comes into play with latent injuries. Conditions like toxic chemical exposure, repetitive workplace strain, or harm from defective medical devices might not appear for years. In these situations, courts evaluate when the injured person could reasonably have discovered the issue.
At the same time, Oregon applies strict statutes of repose. For medical malpractice, claims are barred after five years from the date of treatment, and for defective products, the limit is generally ten years from when the product was first sold. These rules apply even if the injury is not discovered until later, which makes early legal action critical.
Medical Malpractice Deadlines In Oregon
Medical negligence claims also fall under the two-year filing period, but with special rules. Patients may not immediately notice an error, especially with complex surgeries or diagnostic mistakes. Oregon applies a two-year discovery rule to medical malpractice.
Medical malpractice cases highlight how complex the statute of limitations can be. Many patients in Portland only discover negligence long after the treatment date, often when a second doctor reviews their records or complications arise that don’t match what they were told. For example, a patient may learn years later that a tumor was missed on an early scan or that a surgical error caused ongoing pain.
These situations make the discovery rule vital, yet Oregon’s statute of repose still places a five-year outer limit. Compared to other states, Oregon is less forgiving, so families must act quickly. The law rewards those who investigate early, and waiting too long can shut the courthouse doors even before the truth is uncovered.
There’s also an outer limit of five years from the treatment date. So even if the error is discovered late, the claim cannot be filed after that five-year mark unless fraud, deceit, or intentional concealment occurred.
This makes medical malpractice cases especially time-sensitive. We work closely with medical experts to identify errors and build the case before the Oregon statute of limitations personal injury window closes.
Wrongful Death Timeline In Oregon
A wrongful death claim arises when someone dies because of another’s negligence or misconduct. Families often need clarity during a devastating time, and Oregon law gives them more time to act.
3-Year Discovery Window And Outer Limits Under ORS 30.020
Under ORS 30.020, wrongful death lawsuits must be filed within three years from the date of death or discovery of the cause of death. This discovery window protects families who may not immediately know negligence caused their loved one’s passing.
However, the statute also has an outside limit of three years, meaning families cannot wait indefinitely. Early legal guidance is vital, especially in cases involving hospitals, trucking companies, or defective products.
Product Liability Deadlines
Product liability cases, such as injuries caused by defective machinery, unsafe drugs, or faulty consumer goods, follow the two-year discovery rule.
However, there is a ten-year outer limit from the time the product was first purchased. This limit prevents claims decades after a product’s release, even if the injury wasn’t discovered until later.
This deadline can be a surprise for Portland families dealing with defective medical devices or unsafe household products. Acting early keeps the case viable and strengthens the evidence trail.
Government Claims: Oregon Tort Claims Act Notice
Claims against government agencies, such as TriMet bus accidents or city sidewalk defects, have a shorter fuse. The Oregon Tort Claims Act requires:
- 180 days’ notice for most personal injury claims.
- One year for wrongful death claims.
This notice is not the same as filing a lawsuit. It’s a formal step alerting the government that a claim exists. Missing the notice deadline can block a case entirely, even if the lawsuit itself would have been within two years.
Comparative Negligence In Oregon And Why Your Deadline Still Matters
Oregon follows modified comparative negligence, meaning a person can still recover damages if they are less than 51 percent at fault. However, the recovery is reduced by their percentage of fault.
Deadlines also affect settlement negotiations. Insurers carefully monitor limitation periods; once the filing window expires, they have no incentive to pay. Without the ability to bring a lawsuit, injured people lose the leverage needed to secure a fair settlement. Filing within the statute deadline not only keeps the claim alive, but it also strengthens bargaining power during negotiations.
Deadlines matter regardless of fault. Even if an injured person believes they share blame, waiting past the statute of limitations prevents recovery. Filing on time preserves the right to argue comparative fault in court under the Oregon statute of limitations personal injury framework, rather than having the case thrown out on a technicality.
Tolling Rules For Minors And Persons With Disabling Mental Condition
In some circumstances, Oregon law pauses, or “tolls,” the statute of limitations. Two standard tolling rules apply to:
- Minors: The filing deadline is delayed until the child turns 18.
- Persons with a disabling mental condition: The clock may be paused until the person regains legal capacity.
Oregon’s Caps On Tolling
Even when tolling applies, Oregon law places outside limits, and the exact timing depends on the claim type and the person’s circumstances. For minors, extra time can be used while the child is under 18, and medical malpractice claims have additional outside limits, with narrow exceptions for fraud, deceit, or concealment. The safest course is to calculate the deadline under the specific statute that applies to your situation as early as possible.
These rules can be confusing, and parents and guardians often assume they have more time than they do, only to learn the claim has expired. We guide families through these complex timelines so no right is lost.
What Happens If You Miss The Deadline?
The answer is simple: your claim is usually barred. Courts enforce statutes of limitations strictly, and missing a deadline almost always eliminates the right to pursue compensation.
There are rare exceptions involving fraud, concealment, or other limited circumstances. Yet, relying on exceptions is risky, and at the end of the day, the safest path is to act quickly and file within the time limits.
How Paulson Coletti Can Protect Your Timeline
Timing is one of the most important aspects of a personal injury case. Our trial attorneys at Paulson Coletti understand how quickly evidence disappears, memories fade, and statutes run out. When clients come to us, we immediately calculate the correct deadline, send necessary notices, and preserve every possible claim.
We’ve handled complex personal injury cases across Oregon, from Portland medical malpractice lawsuits to wrongful death claims after fatal trucking crashes. Our team ensures families do not lose their court dates because of a missed filing date.
At Paulson Coletti, we fight for people when everything is on the line. Call us today at 503-226-6361 to speak with a personal injury lawyer Portland families trust. We will review your case, explain the Oregon statute of limitations personal injury rules that apply, and protect your right to compensation before time runs out.
At Paulson Coletti, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win—because justice should never come with financial risk.Paulson Coletti
Trial Attorneys PC