Oregon’s Statute of Limitations for Personal Injury: What You Need to Know
You always want to contact an attorney early in the potential pursuit of your personal injury claims. Not only could a lawyer begin crucial investigation, but this call can also reduces the risk that you may miss key deadlines. The attorneys at Schauermann Thayer have earned their reputation over decades by helping clients like you obtain financial compensation in personal injury cases.
The statute of limitations imposes a strict deadline for when you may file a claim or lawsuit. This and other deadlines which might apply can vary based on the type of personal injury case you are pursuing. The penalties for missing the statute of limitations or other deadlines can be harsh.
When you feel that you need a personal injury lawyer, call Schauermann Thayer. We can discuss your case in a free consultation and help you get the legal process started.
The Statute of Limitations and Oregon Law
The statute of limitations determines the time period in which you have to file a lawsuit in your case. If that deadline passes without you filing and serving a lawsuit, you likely no longer have the legal right to seek financial compensation for your injuries. There are other potentially applicable time limitations on injury claims in Oregon, depending on the circumstances you might need to be aware of.
It is always important to understand Oregon law before you file a claim or lawsuit and even before you wait too long to understand what time limitations might apply. These laws can impact your ability to obtain compensation. An experienced personal injury attorney could explain the legal considerations that relate to your specific case, including any time limitations applicable for filing a lawsuit or pursuing your injury claims.
Personal Injury Law in Oregon
If you or a loved one have been injured in an accident, you may be entitled to financial compensation. You could file a personal injury claim or lawsuit to seek payment for your injuries. You must prove that someone else was to blame for your injuries to obtain a settlement or award. Personal injury claims include:
- Car accidents
- Pedestrian accidents
- Motorcycle accidents
- Product liability injuries
- Premises liability injuries
- Bicycle accidents
- Rideshare accidents
Statutes of Limitations in Specific Personal Injury Cases
In Oregon, the statutes of limitations in certain personal injury cases are as follows:
- In a personal injury case, you likely have two years from the date of injury to file the complaint in your lawsuit
- In a wrongful death case, an estate likely has three years from the date of the accident
- There are other special rules and circumstances to be aware of that are not fully outlined here.
If a claim that might be filed in Oregon is based upon the law of another state, the statute of limitation in that state could potentially apply to your Oregon case.
Why the Statute of Limitations Exists
The statute of limitations is a firm deadline. It does not matter whether you miss it by a day or a month; the end result would likely be the same. The court could dismiss your case without even reaching the merits.
Oregon’s personal injury laws balance your interests with the at-fault defendant’s. The law imposes a deadline out of fairness to the defendant. It could be unjust for a defendant to face a lawsuit many years later, when they no longer have the evidence needed to tell their side of the story.
How the Discovery Rule Impacts the Statute of Limitations
In many cases, it is clear when the statute of limitations begins to run – it would be on the date of your accident. However, you may not always know immediately that you have suffered injury. You may learn years later that you were injured because you did not develop symptoms at the time of an accident or exposure. You would not have been able to begin the legal process because you did not know you were injured in the first place.
Oregon law applies a discovery rule that states that the statute of limitations begins to run after the time that you discovered your injury. For example, you may have developed a medical condition years after taking a defective drug. When it comes to the discovery rule, everything depends on the facts and circumstances of your individual case.
Exceptions to the Statute of Limitations
While exceptions to the statute of limitations are rare, there are some circumstances in which a court could extend your deadline to file a lawsuit. Exceptions to the statute of limitations can include:
- A minor has until their 19th birthday, or five years after the accident, whichever is sooner, to file a lawsuit; or,
- The defendant fraudulently concealed the cause of action from you;
- Among others, potentially.
Courts tend to strictly construe exceptions to the statute of limitations. As the plaintiff, you would have the burden of proof to show that an exception applies.
Various factors may affect your ability to meet any potential deadlines applicable to your claims. One of the most crucial is when you contact an attorney to understand what the deadlines are and potentially begin working on preserving them.
Contact the Personal Injury Attorneys at Schauermann Thayer Today
When you have been injured in an accident, get legal help from the experienced Portland personal injury lawyers at Schauermann Thayer. We fight for our clients, while handling each case compassionately. Call us today at (360) 695-4244.
