Slip and Fall Statute of Limitations in Oregon
Posted on February 15, 2022 in Slip and Fall Accidents
Anytime a person sustains a slip and fall injury caused by the negligence of a property owner, they should be able to recover compensation for their losses. However, it is crucial for slip and fall victims to understand that they have a limited amount of time to file these claims in civil court. Here, we want to discuss the Oregon personal injury statute of limitations and any other deadlines in place for filing these claims.
The Oregon Personal Injury Statute of Limitations
After sustaining a slip and fall accident caused by the negligent actions of a property owner, you have a limited amount of time to file a lawsuit in civil court. The Oregon personal injury statute of limitations is two years from the date an injury occurs (Oregon Revised Statutes section 12.110).
If a slip and fall accident victim fails to file a lawsuit against the alleged negligent party within this two-year timeframe in Oregon, they will almost certainly lose the ability to recover compensation for their losses. A judge will likely dismiss the case.
Insurance Carrier Have Other Deadlines
We understand that some individuals see this overall two-year statute of limitations and choose not to pursue a claim immediately. That is a mistake. There are other deadlines that you need to be concerned about when it comes to slip and fall accidents in Oregon. If there are any insurance carriers involved, it is very likely that they have strict reporting deadlines. Insurance carriers sometimes require that an injury be reported within a day or two after the incident occurs.
The vast majority of slip and fall accident claims in this state are resolved through settlements with insurance carriers. There is usually some type of insurance carrier involved in a slip and fall claim, which can include:
- A homeowner’s insurance carrier
- A renter’s insurance carrier
- Commercial insurance of a business owner or municipality
It is important to report the slip and fall accident claim to these insurance carriers as quickly as possible so that the claims process can begin.
Is Compensation Available for a Slip and Fall Accident in Oregon?
There may be various types of compensation available for an Oregon slip and fall accident if a property owner is found to be responsible for causing the incident. Some of the main types of compensation available in these situations include coverage of:
- Emergency medical bills
- All follow up medical visits
- Medical devices
- Physical therapy or rehabilitation
- Prescription medications
- Lost wages if a person cannot work
- Property damage expenses
- Emotional and psychological pain and suffering
- Physical pain and suffering
There is no set amount of compensation set aside for Oregon slip and fall accident victims. Rather, there are various factors that can alter a final settlement. Some of these factors include injury severity, whether or not an individual can work, whether there has been any disability, the level of property damage, and the injury victim’s pain and suffering.
Working With an Attorney
If you or somebody you love has sustained a slip and fall injury caused by the negligence of a property owner in Oregon, we encourage you to contact a Portland premises liability attorney immediately. The statute of limitations for these claims is two years, but it is crucial for you to get your claim filed well before the deadline approaches. An attorney will investigate your claim, ensure that you are evaluated by a trusted medical professional, and handle all communication with other parties involved.