When you are injured in an accident or due to another’s reckless actions, it often requires time to recover physically, as well as financially. Depending on the type of injury you suffered, it can take weeks or even months just to diagnose the exact nature of your injury and the extent of the damage it has caused. Unfortunately, in personal injury lawsuits, there is only a certain amount of time given for filing your case. Failing to be aware of these limits or not filing your lawsuit within the proper time frames can prevent you from getting the compensation you need to recover.
General Time Limits For Filing A Personal Injury Claim
Statutes of limitations are set by law, and provide parties to a lawsuit a certain amount of time in which to file a claim, depending on the type of case you have. Under Oregon Revised Statutes (ORS 12.110), limitations on civil actions resulting from personal injuries give victims up to two years to file a claim. While you should get proper medical care and consult with an experienced attorney immediately after an injury occurs, these time limits allow for the following:
- For you to reach a level of maximum medical recovery: This is the amount of medical improvement you are likely to make, as well as any lasting disabilities or health concerns that may result:
- For your attorney to investigate your claim: In most cases, your attorney will need to prove the other party was at fault, which often involves obtaining police reports, conducting investigations, and locating witnesses to the accident.
Building a court case takes time, but it is a necessary part of ensuring you get the maximum amount of compensation you are legally entitled to.
Claims Against Local or State Government and Employees
While you have up to two years to file a personal injury claim against another person or business, cases against local or state governments and their employees have additional requirements you need to be aware of. Under Section 30.275 of the Oregon Statutes, you must file an official notice of your intent to sue within just 180 days of the time the accident or injury occurs. This notice needs to be communicated in writing to the person or office the claim is being filed against, and must include the following information:
- A statement asserting the intention to file a claim for damages;
- A description of the time, place, and circumstances under which your injury occurred;
- The name of the person filing the claim, and the address at which correspondence should be sent.
Under these statutes, government bodies may include municipal government employees, such as maintenance workers and road crews, public transportation workers, state employees and agencies, such as the Department of Health and Human Services, and even certain private childcare facilities, provided at least half of their support comes from the state.
We Can Assist You with Your Case
If you or someone you care about has been injured in an accident or due to someone’s reckless actions, contact our experienced Portland personal injury attorney today. At the Johnston Law Firm, we can help guide you through the legal processes and assist you in getting the compensation you need to recover.