Statute of Limitations for Assault Claims in Oregon

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How Long You Have to File an Assault Claim in Oregon — FAQ

This FAQ explains how long you have to bring a civil assault claim in Oregon, what counts as an assault claim, special deadlines to watch for, and practical steps you can take now. This is educational information only and does not constitute legal advice.

Detailed answer: time limits for bringing an assault (personal injury) claim in Oregon

In Oregon, an assault claim brought as a civil personal injury lawsuit is generally governed by the state statute of limitations for personal injury actions. That means you usually have a limited window of time after the assault to file a lawsuit in court. Oregon’s limitations rules appear in Chapter 12 of the Oregon Revised Statutes. See Oregon Rev. Stat. ch. 12: https://www.oregonlegislature.gov/bills_laws/ors/ors012.html.

Typical rule

Most personal injury actions, including civil assault and battery claims, must be filed within two years from the date of the injury or the date the plaintiff discovered (or reasonably should have discovered) the injury. Because facts vary, you should consult a lawyer promptly to confirm the exact deadline that applies to your situation.

When the clock starts

  • If the assault and resulting injury are obvious, the limitation period typically starts on the date of the assault (the date of injury).
  • If harm from the assault is not discovered right away (for example, delayed psychological injury or a hidden physical injury), the “discovery” rule can affect when the clock starts. That can extend the filing window in some cases, but the rules are fact-specific.

Special deadlines and exceptions

  • Claims against a public body or public employee: If the person or entity you believe is responsible is a government agency or employee, you usually must give the government written notice of the claim much sooner than two years. Oregon’s government-claims rules (the Oregon Tort Claims Act) require prompt notice. See ORS chapter 30: https://www.oregonlegislature.gov/bills_laws/ors/ors030.html. In many circumstances, you must present your claim within 180 days of the injury before you can sue.
  • Minors and incapacitated persons: The statute of limitations may be tolled (paused) while the injured person is a minor or legally incapacitated. That means the two-year clock may not run during minority or incapacity. The precise tolling rules are technical and depend on the facts.
  • Criminal prosecution vs. civil lawsuit: Filing a civil assault claim is separate from criminal prosecution. Criminal timelines and rules for reporting crimes are different. If you want the state to pursue criminal charges, contact the local district attorney or law enforcement; criminal statutes of limitation differ by offense and severity.

Practical examples

  • Example A — Immediate injury: If you were assaulted on March 1, 2024, and you discovered your injuries that day, you would generally need to file a civil lawsuit by March 1, 2026 (two years later), subject to exceptions.
  • Example B — Delayed discovery: If you experienced psychological trauma that was not diagnosed until months later, the discovery rule might push the filing deadline to two years from the date you reasonably should have discovered the injury, but you should get legal advice fast to preserve rights.
  • Example C — Government defendant: If the assault happened on public property or involved a government employee, you may need to file a written notice to the agency within 180 days — failing to do so can bar a later lawsuit.

What to do now

If you are thinking about a civil assault claim, act quickly:

  1. Preserve evidence: take photos, keep clothing, save medical records, and document witnesses and their contact information.
  2. File any required government notice immediately if a public body is involved.
  3. Speak with an attorney as soon as possible to confirm the deadline that applies to your case and to avoid missing a deadline that would end your right to sue.

Because deadlines can be strict and exceptions may apply, talk to a lawyer promptly — waiting can permanently forfeit your right to recover damages.

Helpful Hints

  • Act fast: Don’t wait to contact an attorney; statutes of limitation can expire quickly.
  • Preserve evidence and records now: photographs, medical bills and records, police reports, text messages, and witness names will strengthen your case.
  • If a government agency is involved, immediately investigate required notice rules — many such claims require written notice within months.
  • Ask about tolling: tell an attorney if the injured person was a minor or had a disability; tolling rules may extend deadlines.
  • Separate civil and criminal options: you can pursue a civil claim even if the state declines criminal charges; discuss both routes with counsel.
  • If you can’t afford a lawyer, ask local legal aid organizations or bar association referral services about low‑cost or pro bono help.

Disclaimer: This information is educational only and is not legal advice. Laws change and the facts of your situation matter. Consult a licensed Oregon attorney promptly to get advice tailored to your case.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.