If you’ve been wrongfully injured, understanding statutes of limitations is one of the most important things to know to protect your legal rights.
Oregon law sets time limitations on bringing personal injury cases. While people generally talk about statutes of limitations, there are other time limitations in the law that also apply, including statutes of ultimate repose and various notice requirements. All involve legal time limits restricting a person’s ability to commence a lawsuit after a person is harmed due to someone else’s wrongful conduct (or a dangerously defective product). These laws define how long an injured person has to take legal action. Once the time window closes, the right to file a lawsuit is permanently lost.
While people often talk about “the” statute of limitations, there are actually multiple Oregon statutes that have time limits for commencing a civil action (lawsuit). Which statutes apply and how are extremely important in any specific case. There are certain exceptions that may extend a time limit, but they are complex and don’t apply automatically. In many cases, the clock starts ticking immediately after the injury occurs.
Filing an insurance claim or trying to negotiate a settlement does not extend the deadline. Once the applicable statute of limitations expires, you lose your legal rights to bring a viable claim.
That’s one reason why it’s critical to speak with a personal injury lawyer promptly after any serious injury. Acting early helps preserve evidence, meet deadlines, and give your case the strongest chance of success under Oregon law.
What Are Statutes of Limitations for Personal Injury Lawsuits in Oregon?
The applicable statute of limitations for most personal injury lawsuits in Oregon is usually thought of as two years from the date of injury. Oregon Revised Statutes (ORS) Section 12.110 generally says that a lawsuit for injury to a person must be commenced within two years.
Courts have generally interpreted that to mean two years from when the person discovered, or in the exercise of reasonable care should have discovered, that their injury was likely connected to the wrongful conduct of another.
As a practical matter, this means that if you’ve been wrongfully injured in Oregon as an adult, you generally have two years from the date the injury occurred to file a lawsuit in court. If you fail to commence your case in the courts within this time, in most cases the defense will say you were too late, and typically the court would dismiss your case. If your case is dismissed, you would lose your right to pursue financial compensation for your injuries, medical bills, lost wages, and human losses.
Are There Exceptions to the General Two Year “Rule” in Oregon?
Yes, Oregon law has many exceptions to and variations on the standard two-year statute of limitations for most personal injury claims. Sometimes, more prompt action is required, typically to give early notice to certain defendants. While technically not statutes of limitations, these time requirements have a similar effect: if timely notice is not given in those cases, the injured person’s rights can be lost. Sometimes, additional time is provided, particularly for children.
The most common exceptions and variations on time limitations are listed below.
The Injured Person Is a Minor
If the person is under 18 years old at the time of the injury, the statute of limitations is typically paused (tolled) until they turn 18. ORS 12.160(1) provides that the statute of limitation for commencing the action for a minor is tolled for so long as the person is younger than 18 years of age, but may not be extended for more than five years, or for more than one year after the person attains 18 years of age (whichever occurs first).
For example, a 16-year-old injured in an Oregon bicycle collision would typically have up until age 19 to commence a lawsuit: their statute of limitations would be tolled until they reach age 18, then they are given up to an additional year after that.
However, the tolling of a statute of limitations for a child does not toll any applicable statute of ultimate repose, which is explained below.
Disabling Mental Condition
If the injured person had a disabling mental condition that prevented them from comprehending their rights, ORS 12.160(3) provides that the statute of limitations is tolled (extended) as long as they have that level of disabling mental condition, but no more than an additional five years. If they no longer have that disabling mental condition, their time for bringing a case is extended for no more than an additional year after that time.
Claims Against Government Entities in Oregon
Generally, if your physical injury was caused by an Oregon public agency, city, county, special district, state agency, or an employee of one of those public bodies who was on the job, you must follow special notice rules under the Oregon Tort Claims Act. Injured adults generally must provide notice of their claim to the public body within 180 days of the injury. Claim requirements are described in ORS 30.275.
Children (minors), people who are legally incompetent, and people who are under a legal incapacity must provide notice of their claims within 270 days of the injury.
For wrongful death, the notice period is 1 year.
This notice requirement is separate from and in addition to the typical two-year lawsuit filing deadline for injured adults. Not making a timely Oregon Tort Claims Act notice can result in your case being dismissed, even if your case otherwise met the statute of limitations deadlines.
Claims Against the Federal Government
There are different notice requirements for injuries wrongfully caused by a federal agency or employee. Those cases are governed by the Federal Tort Claims Act (FTCA), which has a completely different set of rules, which are enforced in federal court instead of Oregon state courts. The FTCA requires the injured person to present their written claim to the appropriate federal agency within two years of the claim’s “accrual.”
While it is not mandatory to use the federal form, Form SF-95 asks for all of the basic information needed for FTCA claims. Once the FTCA process is started, the injured person must go through the full federal agency administrative claims process before they have the right to bring a lawsuit.
Claims Against Wrongful Alcohol Providers
Mostly to protect us from drunk drivers, Oregon law sometimes provides for claims against those who serve alcohol to minors or who provide alcohol to already visibly intoxicated adults. Those liquor liability claims have a requirement to give the wrongful alcohol provider notice of the claim within 180 days of the injury (one year in the case of death).
There are exceptions for injured children, for those who are financially incapable or incapacitated, or where the injured person cannot determine the identity of the alcohol provider because a defendant asserts a right against self-incrimination.
This alcohol provider notice requirement is separate from and in addition to the typical standard lawsuit filing deadline. Not making a timely notice can result in your case against the alcohol provider being dismissed, even if your case otherwise met the statute of limitations deadlines.
Claims Arising from Pesticide Use
Personal injury claims arising from the use or application of pesticides against a landowner, a person for whom the pesticide was applied, or a pesticide operator require that a report of loss be filed with the Oregon Department of Agriculture within 60 days of the loss or the discovery of the loss. In addition, the injured person must mail or personally deliver a copy of the report to the landowner or pesticide operator. Details are in ORS 634.172.
Ski Area Injuries
When a person is injured at a ski area, to preserve their rights, they generally are required to give notification of their injury to the ski area operator within 180 days of the injury (or after they discover or reasonably should have discovered the injury). Notifications to ski area operators are to be sent by registered or certified mail. More details are found at ORS 30.980.
The Defendant Is Out of State or Hiding
If the person you’re suing leaves Oregon after the injury or is intentionally hiding to avoid service of process, the statute of limitations may be tolled. While most people think of filing a complaint as the start of a lawsuit, a case is not formally commenced until the complaint has been filed and the defendant is properly served with a summons and a copy of the complaint. Sometimes, after a complaint is filed, the defendant is out of the state, and service cannot be made within Oregon. Other times, a defendant may conceal themselves to try to avoid service. ORS 12.150 provides for additional time under either circumstance.
Wrongful Death Cases
Wrongful death claims in Oregon have different statutes of limitations than general personal injury cases. Most wrongful death claims must be commenced within three years of the person’s death, but wrongful death claims against public bodies have different time limitations (generally two years for Oregon public bodies) and also notice requirements.
The three (sometimes two) year requirement can be deceptive because most wrongful death claims can be made only by the personal representative of the person who was killed. The process of having the court appoint a personal representative, as a practical matter, means that there is less time.
Discovery Rule
In many cases, typically with motor vehicle crash injuries, the date of the injury and its connection to the wrongful event (the collision) are obvious right away, and an injured adult’s two year statute of limitations clock starts to run right away. In some cases, the injury may not be apparent for a while. In other cases, the connection between the injury and the wrongful conduct is not discovered until later. Oregon generally has a “discovery rule,” where the statute of limitations clock typically begins when the injury is discovered or reasonably should have been discovered, not necessarily when it occurred.
But the discovery rule applies to statutes of limitations, not to statutes of ultimate repose. And the injured person is not allowed to wait until they discover the full nature or extent of their injuries; the time limitation clock begins to run when they knew or should have known of any injury claim.
Can the Statute of Limitations Be Extended?
The statute of limitations for personal injury cases in Oregon is generally strict, but it can be extended under specific legal circumstances, a concept known as “tolling.” Tolling pauses or delays the running of the clock, giving the injured party additional time to file a lawsuit beyond the standard deadlines.
While these extensions can preserve your right to sue, your situation needs to fit into the specific exception in order to be successful. Even filing a case the day after the statute of limitations runs almost always results in dismissal of the case. It’s best to be conservative and careful about statute of limitations matters and to get good legal advice.
What Does it Mean to “Toll” the Statute of Limitations?
To “toll” a statute of limitations means to pause or extend the countdown of the legally prescribed time period for filing a lawsuit. When the statute is tolled, the clock temporarily stops running, or the timeline for taking legal action is extended to some extent. Tolling can occur for several legally recognized reasons under Oregon law, such as when the injured person is a minor, mentally incapacitated, or when the defendant is out of state and cannot be served.
Why Does Oregon Have a Statute of Limitations?
Statutes of limitations are intended to encourage timely legal action to resolve claims. Oregon has statutes of limitations because over time, witness memories fade, physical evidence can be lost, and relevant records may no longer exist or be available. Requiring that personal injury lawsuits be filed within certain times, depending on the circumstances, is an attempt to balance the rights of the injured person with the rights of the defendant, and to help society get disputes resolved within a fairly reasonable time.
What Are Statutes of Ultimate Repose for Personal Injury Lawsuits in Oregon?
In addition to statutes of limitations, Oregon has laws called statutes of ultimate repose (sometimes called statutes of repose). Statutes of ultimate repose draw a line, saying that after a certain period of time, an injured person can no longer bring the claim, no matter when the claim reasonably could have been discovered. Statutes of ultimate repose can even cut off people’s rights before the injury appears or becomes known.
In the case of children, statutes of ultimate repose can cut off their rights before they are old enough to know they have rights. Because of this, many people believe that statutes of ultimate repose are unfair, and many states do not have the kinds of statutes Oregon has.
Examples of where statutes of ultimate repose cut off the rights of injured people include:
- A child who is injured by hospital negligence at birth will almost always have their injury legal rights cut off by a statute of ultimate repose by the time they turn five years of age.
- An adult who was injured in 2025 by a defective car first sold to a consumer in 2014 may not have the right to bring a product liability injury claim.
- Someone who was wrongfully exposed to a carcinogen in 2015 that caused them to develop cancer in 2026 may have their legal rights taken away before they developed cancer.
Some of the more common statutes of ultimate repose that affect injury cases are mentioned below.
General Negligence Statute of Ultimate Repose
In Oregon, under ORS 12.115, no action for negligent injury to a person may be commenced more than 10 years after the act or omission complained of, but there are other statutes of ultimate repose that may impose shorter time limits. On the other hand, claims for injury from child abuse are excepted from the general 10 year limit.
Medical/Hospital Statute of Ultimate Repose
The statute of ultimate repose for medical negligence is five years from the date of the treatment, omission, or operation. There is an exception for fraud, deceit, or misleading representation. However, courts have interpreted “misleading representation” narrowly.
Product Liability Statute of Ultimate Repose
The statute of repose for product liability personal injury cases varies, mostly depending on the product. As a generalization, the product liability statute of ultimate repose at this time for most products is 10 years after the product was first purchased for use or consumption.
However, if the product was manufactured outside of Oregon, and that state has no product liability statute of ultimate repose, Oregon does not impose a statute of ultimate repose. If the product was manufactured in a state that has a statute of ultimate repose that is longer than Oregon’s ten years, Oregon will use the longer time period.
There are many exceptions and variations, including for claims involving asbestos, sidesaddle gas tanks, breast implants, and manufactured dwellings.
How do Statutory Time Limitations Affect Your Right to Compensation?
Statutes of limitations, notice requirements, and statutes of ultimate repose directly affect your ability to recover compensation after a personal injury in Oregon. If you don’t file your lawsuit within the legally allowed time or provide a notice when required within the time provided by law, you may lose your right to pursue any financial recovery, no matter how strong your case otherwise is.
Even if you have solid proof the defendant was at fault, suffered serious injuries, and were in talks with the insurance company, your case can still be thrown out if it is filed after the deadline. In most cases, the other side just has to show the time limit passed, and that alone will be enough for the court to dismiss your case, stopping you from getting any compensation.
Statutory time limitations can also affect your leverage during settlement negotiations. Insurance companies are well aware of deadlines. So long as the insurance company has not made an advance payment, the fact that the insurance company was in active settlement negotiations does not extend a statutory time deadline. Once the deadline is missed, the insurance company will have no legal obligation to pay.
Can I still negotiate a settlement after the statute of limitations has passed?
No, you generally cannot successfully negotiate a settlement after an applicable statute of limitations or statute of ultimate repose has passed. Once the legal deadline to file a lawsuit is missed, the other party can no longer be required to pay you anything, and they can simply refuse to settle.
Without the threat of legal action, you lose all leverage. Even if you were in the middle of discussions with the insurance adjuster, they can walk away once the time limit runs out.
To preserve your right to settle, you must file a proper lawsuit before the applicable statute of limitations and the applicable statute of ultimate repose expires.
Do I need to file a lawsuit or just report the injury to meet the deadline?
To meet a statutory time limitation in Oregon, you must file a lawsuit in court and have a summons and complaint properly served. Reporting the incident to law enforcement or an insurance company, filing an insurance claim, making a demand on an insurer, notifying your employer, or seeking medical treatment does not stop the clock on the legal deadline.
Why You Should Speak With a Personal Injury Lawyer Promptly After the Injury?
Speaking with a personal injury lawyer after a serious injury is one of the most important steps you can take to protect your health, your rights, your ability to recover fair compensation, and your ability to help protect others. Waiting too long can lead to missed deadlines, lost evidence, and weakened claims.
A personal injury lawyer representing you will:
- Help determine how much time you have under Oregon’s statutes.
- Help preserve evidence and document your injuries.
- Handle communications with insurance companies so you don’t say something that hurts your case.
- File your lawsuit before the legal deadline passes and protect your right to compensation.
By getting legal advice early, you put yourself in a stronger position from the start, and you reduce the risk of losing your claim. An attorney can properly advise about statutory time limitations only if they have the relevant facts, which can take time to obtain once you have retained them. Don’t expect an attorney to give you a casual response to a time limitations question before they are fully informed.
An attorney can try to preserve evidence early on, but if they are consulted too late, the evidence may already be difficult or impossible to obtain. Videos may be recorded over, skid marks may fade, vehicles may be crushed and melted for scrap, witnesses may move or have their memories fade, and so on. Earlier legal assistance helps to build a stronger case.
Analyzing the time limitations and requirements that apply to any specific case requires a combination of factual information and legal knowledge and experience. The general comments made above are intended for educational and informational purposes, and not to provide legal advice about any particular person or case.