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Home - Personal Injury Legal Questions - Oregon Statute of Limitations

Oregon Statutes of Limitations

In general, for bodily injury claims, the statute of limitations says the case must be filed two years from the date of the injury. If the case is not filed by then, whatever rights the claimant may have will disappear.

There are some exceptions and wrinkles to it, but the safest course is to get the case filed by the two year anniversary to ensure that there is no question about whether the case was timely filed. You should consult an attorney immediately if you think you may have a limitations issue.

For property damage only claims, for contract claims, and for wrongful death claims, the limitations period is usually longer. And choice of law issues can play a role as well, in particular in contract claims. Again, you should consult an Oregon attorney immediately if you think you may have a limitations issue.



Tort Claim Notices Required for Claims Against Public Bodies

A somewhat related issue is giving notice of the claim when a government body is responsible for causing the injury. In that case, the Oregon Tort Claims Act generally requires formal notice as defined in the OTCA to be given within 180 days of the date of loss. Again, there are some wrinkles to it, but the safest course is to get the proper notice to the proper government officer(s) within 180 days. And again, you should consult an attorney immediately if you think you may have a notice issue.