Oregon’s Statute of Limitations for Different Types of Injury Claims

Some of life’s time constraints are more important than others. For example, arriving late to a film might not greatly affect you. In contrast, delaying legal actions can mean permanently forfeiting your right to significant compensation.

The personal injury team of Johnston Personal Injury Law Firm wants what is best for our Oregon neighbors. You should never lose the financial compensation you deserve because of deadlines. The following information will explain statutes of limitations for some of the most common types of personal injury cases.

Each personal injury accident is different, and the laws are complex. Our experienced lawyers invite you to schedule a free consultation to determine which statutes apply to your case. 

Understanding Statutes of Limitations

A statute of limitations is a law that assigns a maximum time limit for a legal action. These time limits apply to civil and criminal cases, but the periods vary. In general, the clock starts running on the date of the injury, though a few exceptions will be discussed later in this article.

Each state has statutes of limitations. So your statute varies depending on the jurisdiction (i.e., where the accident occurred). The following sections discuss how these deadlines vary by type of claim. 

Exploring Injury-to-Person Deadlines

Were you injured due to another person’s actions? You could qualify to file a personal injury claim based on damage to your body, mind, or emotions. 

You could recover compensation for intentional harm or accident-related expenses, such as: 

• Medical bills
• Lost wages
• Pain and suffering

At Johnston Law Firm, we handle a full range of personal injury cases. The State of Oregon imposes a 2-year statute of limitations on most claims, including:

• Intentional torts: When someone purposely causes harm to another person 
• Premises liability: When a property owner is responsible for injuries that happen on his or her property 
• Dog bites: When an owner is legally responsible for a dog injuring someone 
• Motor vehicle accidents: When a driver’s actions cause injuries or damage in a crash

Let’s look at a few examples of how the statutes of limitations might apply to different cases. In each, consider why states must set deadlines on personal injury claims.

Dog bites

Suppose a dog bites you. You claim that its owners acted negligently but the owners say that you provoked their pet. 

Since it is your word against theirs, you need evidence. Your lawyer could quickly get witness testimony and surveillance footage from nearby businesses. 

On the other hand, if you wait too long, witnesses could change their contact numbers and become unreachable. Businesses might regularly delete footage that could have been invaluable to your cases. As you can see, taking prompt action is vital to preserve evidence.

Workplace accidents and job-related conditions

Many work-related injuries and medical conditions are eligible for workers’ compensation claims. 

The Oregon Workers’ Compensation Division (WCD) requires you to report the accident to your employer promptly. Then, the employer has 5 days to send the form to the insurance carrier. The insurer has 60 days to respond to the claim. These deadlines impact your claim but are not personal injury statutes since a workers’ comp claim is not a lawsuit.

What is the difference? Workers’ compensation is paid regardless of fault but only for employment-related injuries. Personal injury claims require proof that another party caused your injury and cover non-economic losses like pain and suffering. 

You give up your right to sue your employer or coworkers when you file a workers’ compensation claim. However, Oregon workers can seek compensation from a third party responsible for their losses in addition to their workers’ comp benefits if the statute of limitations hasn’t expired. For instance, if a faulty piece of machinery injures you, you could pursue damages from the product manufacturer. 

An attorney can advise you of your rights. Johnston Law Firm can answer your questions about your workers’ compensation benefits. Even if your claim was denied, there is still hope. 

Wrongful death

When a personal injury victim dies, the family can file a lawsuit on their behalf. Relatives can recover funeral costs, burial expenses, and other financial acknowledgments related to losing the relationship and its benefits.

Yet, what if the person began the lawsuit before passing away or the surviving family members were also wounded in the same accident? A longer statute allows personal injury lawyers and mourning relatives time to build a strong case.

In Oregon, most wrongful death claims are subject to a 3-year statute of limitations. The time begins from the date of the deceased person’s final injury. 

Exploring Injury-to-Personal-Property Deadlines 

Escaping injury is a fortunate thing. Yet, it doesn’t mean you don’t experience losses in an accident. In Oregon, there are different statutes of limitations for property damage. In general, you must file a property damage lawsuit within 6 years. 

Oregon and other states divide property into two categories. Let’s consider some examples to make the difference clear.

Real property

Real property refers to land and any structures permanently attached to it, including:

• Buildings (e.g., houses, stores, factories)
• Structures (e.g., sheds, fences, swimming pools, bridges)
• Equipment (e.g., built-in HVAC or septic systems, industrial machinery, well pumps, solar panels)

What might this look like in real life? If a car accident near your home damaged your home and its surrounding fence, you could qualify for compensation. 

Personal property

Personal property applies to anything that you might own other than land and might refer to tangible objects like those listed below:

• Motor vehicles
• Computers and electronics
• Jewelry
• Furniture
• Sports equipment 

Let’s consider a realistic example. You buy an appliance that malfunctions due to a defect. It starts a fire, destroying walls, furniture, and other kitchen tools. Your product liability claim against the manufacturer for the damage to your home (real property) and possessions (personal property).

Product liability lawsuits have a 2-year statute of limitations. The clock begins when you discover (or should have discovered) the damage. However, Oregon laws prohibit lawsuits on products bought more than 10 years ago in most cases. 

The term “personal property” also refers to intangible possessions like stocks, cryptocurrency, or trademarks. Yet, it is unlikely these types of property would be affected by a personal injury accident. 

Recognizing Exceptions to Standard Time Limits

Certain circumstances can extend or modify the standard time limits for filing a lawsuit. These exceptions can be based on unique aspects of a case that may affect when the clock starts. It is important to be aware of these exceptions to avoid missing critical filing deadlines.

Delayed discovery

What if you do not discover the grounds of a personal injury claim until some time has passed? For instance, you might buy camping equipment and not discover the stove is defective until months later on a trip. You might discover the extent of your car accident injuries only as new symptoms arise. 

The law acknowledges that you might not always realize a personal injury on the date that it occurs. The “discovery rule” states that the 2-year period begins “from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered.” 

Let’s use a medical malpractice lawsuit to illustrate this point. In Oregon, patients have 2 years to recover damages for medical, surgical, or dental treatment. However, passing time might not count against the deadline until the patient discovers a misdiagnosis, a surgical error, or another reason for a claim. 

However, all actions must commence within 5 years of the treatment, omission, or operation. If you did not act sooner because of fraud, deceit, or misleading representation, you have 2 additional years from the date of discovery. 

Underage plaintiffs

Oregon statutes of limitations may be suspended until an injured person reaches the age of 18. However, the statutes may only be paused for 5 years or 1 year after the person turns 18, whichever occurs first. 

Victims with mental disabilities

If a person is unable to understand his or her rights, he or she could qualify for an extension of the statute of limitations. For example, a person suffering from a brain injury might be able to file a lawsuit after he or she recovers, even if 2 years have passed since the accident. 

In cases involving permanent brain injuries, lawyers may be able to help family members file legal actions for their loved ones. 

Protect Your Rights Before Time Runs Out

Building a strong case takes time, resources, and legal knowledge. Proving the other party’s fault is not always simple, especially when evidence fades or witnesses become harder to find. Every step of the process requires careful attention to detail to give your claim the best chance of success.

You may need to file legal motions, gather expert testimony, and negotiate with insurance companies that try to minimize your claim. These challenges can be difficult to handle on your own, especially when facing experienced legal teams working against you. You should not have to take on this complicated process alone.

An experienced attorney can guide you through the legal system and urgently fight for the financial damages you deserve. The sooner you take action, the better your chances of building a solid claim. Schedule a free consultation with Johnston Law Firm today to learn how to protect your rights to fair compensation.