Statute of Limitations for Personal Injury Claims in Oregon
Like every other state in the U.S., Oregon upholds a statute of limitations for all personal injury claims. This law places a specific cap on the amount of time that a wrongfully injured victim would have to bring suit against the negligent party or individual. If the statute of limitations expires before the plaintiff has the opportunity to file an official complaint, they would lose the right to seek damages—even if they would have otherwise been entitled to them.
For this reason, it is extremely important that you retain legal counsel as soon as possible if you or someone you love has been negligently injured. The deadline could be just around the corner, and unfortunately, the law provides for very few exceptions. It is important to understand that the statute of limitations will vary from case to case, however, as specific civil actions will correspond with different limitations.
In Oregon, they are as follows:
- Personal Injury Claims: 2 years from the date of injury
- Professional Malpractice Claims: 2 years from the date of injury
- Product Liability Claims: 2 years from the date of injury
The Discovery Rule
In some cases, a negligently injured victim will not discover their injuries until months or even years after they were initially inflicted. For example, a medical patient might not discover that a surgical instrument has been left inside of their body until it begins to cause complications years later.
It is for this reason that Oregon’s statute of limitations includes a “discovery rule.” This rule provides that an exception can be made if a victim’s injuries were not immediately apparent, thus extending the time limitations to accommodate for a delayed discovery. Even so, this rule is not open-ended. Most claims will be subject to a maximum cap, even with the exception of the discovery rule, so it is still important to take timely action if you have recently discovered an injury.
Contact Our Firm Today
By speaking with a Portland personal injury lawyer from the Law Offices of Timothy Grabe, you can more accurately discern how much time you will have to bring suit against the liable party. For this reason, we encourage you to get started today by calling our office at 971-645-7176 for a free initial consultation. If you would rather contact us online, you can also fill out a free case evaluation form with some basic information about your case. From there, you can expect a timely response from a member of our team.