Important Deadlines in Oregon Personal Injury Claims
If you think you have a personal injury claim, call one of the attorneys at Clark Law and Associates, LLC at (503) 238-1010.
Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. If you do not file a lawsuit by the deadline you will likely be barred from recovering any compensation for your injuries. There are limited exceptions. For instance, if there is a written tolling agreement then the statute of limitations can be tolled per the agreement.
Oregon Statute of Limitations
Under O.R.S. 12.110(1), the Oregon statute of limitations for personal injury cases is generally two years. However, there are some exceptions under ORS 12.110(4)(5). Unfortunately, if you miss your statute of limitations no lawyer can help you win or settle your personal injury case.
Oregon Tort Claim Notice
If your injury is due to a governmental agent or employee, tort claim notice under ORS 30.275(2)(b) must be submitted to the proper agency(s) within 180 days to bring any Oregon state law claims.
Oregon Dram Shop Notice
If your injury is due to a drunk driver because a bartender served too much alcohol, you must give the bar proper dram shop notice within 180 days for cases not involving death and within one year after a death due to a drunk driver under ORS 471.565(3)(b). There are some exceptions allowing for reasonable discovery.
Product Liability Claims Deadlines
Under ORS 30.905 there are additional deadlines in product liability claims, which is generally 10 years after the date the product was first purchased. In wrongful deaths due to a product defect, it is the earlier of 3 years from death or 10 years after the product was purchased. However, the latest version of the statute should be reviewed for details in relation to any particular case.
ORS 12.110 provides even more deadline guidance on cases, such as malpractice claims, which is generally 2 years from the date when the injury is first discovered or, in the exercise of reasonable care, should have been discovered.
What is the statute of limitations in Washington State? Under RCW 4.16.080 the statute of limitations is generally three years in a case for personal injury. However, there are some exceptions.
Note: This information is generalized information only. The Oregon legislature changes the law from time to time, so it is best to call (503) 238-1010 so an attorney can determine your deadlines after hearing the facts of your particular case. When our office declines a case due to a statute of limitations issue, it is our general policy to refer cases to the Oregon State Bar referral or an applicable Washington State referral for a second opinion about issues involving deadlines or to find counsel who is available to meet last minute deadlines.
Wrongful Death Deadlines
Statute of limitations for a wrongful death claim in the state of Oregon: For most claims, a wrongful death lawsuit must be filed within three years of the deceased. However, exceptions apply: See ORS 30.020(1)(a) and ORS 12.110. Wrongful death are also limited by statutes such as ORS 12.110, 12.115, 12.135, 12.137, meaning there is less than three years to bring a wrongful death claim. Under ORS 30.275(9) if a wrongful death is caused by a State of Oregon employee, there is a two-year statute of limitations. Other Oregon personal injury claims not involving a death generally have a two-year statute of limitations. It is best to file a wrongful death case earlier, rather than later.
When is tort claim notice within one year required for a wrongful death? When the wrongful death is because of a government agent, tort claim notice under ORS 30.275(2)(a) must be given within one year after death. Additionally, if the death is because a drunk driver killed the deceased because a bartender served the deceased too much alcohol, one must give proper dram shop notice within one year under ORS 471.565(3)(a). Under ORS 30.905 there are more deadlines that apply to product liability claims. ORS 12.110 provides even more deadlines on cases, such as malpractice claims. The Oregon legislature changes the law from time to time, so it is best to call (503) 238-1010 so an attorney can determine your deadlines after hearing the facts of your case.