Deadlines to File an Injury Lawsuit in Oregon
How long you have to sue in Oregon for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. Or. Rev. Stat. §§ 12.110(1), 12.115
| Deadline to sue for an injury | Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose). |
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| Deadline to sue for property damage | Six years for taking, detaining or injuring personal property (such as a car), and six years for trespass on or injury to an interest in real property. The 10-year outer limit for negligent injury to property also applies. |
| Medical malpractice deadline | Two years from when the injury is first discovered or reasonably should have been discovered. Regardless of discovery, the action must be filed within five years after the treatment, omission or operation, unless fraud, deceit or misleading representation prevented filing; in that case the deadline is two years after the fraud is or should have been discovered. Source: Or. Rev. Stat. § 12.110(4) |
| Wrongful death deadline | Three years after the injury causing death is discovered or reasonably should have been discovered (by the person who died, the personal representative, or a beneficiary). In no case may the action be filed later than the earlier of three years after the death or the longest applicable statute of ultimate repose (such as the five-year medical malpractice limit or the 10-year negligence limit). Source: Or. Rev. Stat. § 30.020(1) |
| Suing the government | Under the Oregon Tort Claims Act, notice of claim must be given within 180 days after the loss or injury (one year for wrongful death), not counting up to 90 days during which the injured person is unable to give notice. Notice to the state goes to the Director of the Oregon Department of Administrative Services; notice to a local public body goes to its principal administrative office, a governing body member, or its designated attorney. Filing the lawsuit within the notice period also counts as notice. The lawsuit must be filed within two years after the loss or injury. Personal injury and death damages against the state and local public bodies are capped per claimant and per occurrence; the caps have been adjusted every year since 2015. |
More Oregon personal injury & wrongful death
- Wrongful Death Lawsuits in Oregon
- Medical Malpractice Rules in Oregon
- Car Accident Claims in Oregon
- Dog Bite Liability in Oregon
- Motorcycle Accident Claims in Oregon
- Pedestrian Accident Claims in Oregon
- Bicycle Accident Claims in Oregon
- Uber and Lyft Accident Claims in Oregon
- Truck Accident Claims in Oregon
- Construction Site Injuries in Oregon
- All Oregon personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Oregon?
Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).
How long do you have to sue for property damage in Oregon?
Six years for taking, detaining or injuring personal property (such as a car), and six years for trespass on or injury to an interest in real property. The 10-year outer limit for negligent injury to property also applies.
What is the statute of limitations for medical malpractice in Oregon?
Two years from when the injury is first discovered or reasonably should have been discovered. Regardless of discovery, the action must be filed within five years after the treatment, omission or operation, unless fraud, deceit or misleading representation prevented filing; in that case the deadline is two years after the fraud is or should have been discovered.
How long do you have to file a wrongful death lawsuit in Oregon?
Three years after the injury causing death is discovered or reasonably should have been discovered (by the person who died, the personal representative, or a beneficiary). In no case may the action be filed later than the earlier of three years after the death or the longest applicable statute of ultimate repose (such as the five-year medical malpractice limit or the 10-year negligence limit).
How do you file an injury claim against the government in Oregon?
Under the Oregon Tort Claims Act, notice of claim must be given within 180 days after the loss or injury (one year for wrongful death), not counting up to 90 days during which the injured person is unable to give notice. Notice to the state goes to the Director of the Oregon Department of Administrative Services; notice to a local public body goes to its principal administrative office, a governing body member, or its designated attorney. Filing the lawsuit within the notice period also counts as notice. The lawsuit must be filed within two years after the loss or injury. Personal injury and death damages against the state and local public bodies are capped per claimant and per occurrence; the caps have been adjusted every year since 2015.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.