One of the first questions injured people ask me is also one of the most important: how long do I have to bring a claim? In Oregon, the answer is governed by a set of deadlines called statutes of limitations. Miss one, and even a strong case can be lost for good — so it pays to understand the rules early.
The general rule: two years
For most personal injury claims in Oregon — car crashes, falls, and other negligence cases — the deadline is two years from the date you were injured (ORS 12.110). That can feel like a long time, but building a serious case takes investigation, medical documentation, and expert work that is far easier to do while evidence and memories are fresh.
Important exceptions that can shorten your window
The two-year rule is just the starting point. Several common situations change it:
- Wrongful death: A claim for a death caused by negligence generally must be filed within three years of the injury that caused the death (ORS 30.020). The only exception is a wrongful death caused by a city, county or state. These claims have a two year statute of limitations based on the Oregon Tort Claims Act (ORS 30.275)
- Claims against a city, county, or state: If a public body or its employee is involved, the Oregon Tort Claims Act requires formal written notice — often within 180 days of the injury (ORS 30.275). This is much shorter than two years and is easy to miss.
- Medical malpractice: These claims generally run two years from when the injury was or should have been discovered, with an outer limit of five years (ORS 12.110(4)).
- Injured children: Special rules can apply when the injured person is a minor.
Why waiting almost always hurts your case
Even when a deadline is years away, delay works against you. Vehicles get repaired or scrapped, surveillance footage is overwritten, witnesses move and forget, and insurers use any gap in treatment to argue you were not really hurt. The sooner a claim is in the hands of a lawyer, the more can be done to preserve the proof that wins it.
The deadline is the last day you can act — not the best day. The best day was usually a long time before.
If you are not sure which deadline applies to your situation, do not guess. A short conversation can tell you where you stand, and there is no cost to ask. Request a free case review or call (503) 379-9933.