Detailed Answer
Under Oregon law, most personal injury lawsuits must begin within two years of the date you suffered harm. This deadline, known as the statute of limitations, appears in ORS 12.110. If you miss this deadline, a court usually will dismiss your claim—even if you have a valid case.
General Personal Injury Rule: ORS 12.110 requires you to file your lawsuit within two years of the injury date. See ORS 12.110.
Medical Malpractice Exception: If you sue a health care provider, ORS 30.460 applies. You generally have two years from the date of injury or 180 days from when you reasonably discovered the injury, whichever is earlier. See ORS 30.460.
Claims Against Public Entities: To sue a state or local government body, you must file a notice of claim within 180 days of the injury. Courts often dismiss late notices. See ORS 30.275.
Foreign Object in Food: ORS 12.115 provides a 10-year limit for actions based on harmful substances in food products. See ORS 12.115.
Minor Tolling Rule: If the injured person is a minor, ORS 12.160 may toll (pause) the two-year period until the minor’s 20th birthday. See ORS 12.160.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Record the exact date and circumstances of your injury in writing.
- Preserve all medical records, bills and photos of your injury.
- Monitor discovery dates carefully for medical malpractice claims.
- Note any government involvement and calendar the 180-day notice deadline.
- If you were a minor when injured, track your 20th birthday deadline.
- Speak with an attorney early to ensure you meet all deadlines.