If you've been injured in a car or truck accident in Oregon, understanding the statute of limitations is critical for protecting your right to compensation. At
Metier Law Firm Car and Truck Accident Attorneys, we regularly assist accident victims with their
personal injury claims and want to ensure you understand these crucial deadlines.
Understanding Oregon's Personal Injury Statute of Limitations
In Oregon, the
statute of limitations for personal injury cases, including car and truck accidents, is two years from the date of the incident, unless it is a
wrongful death claim with a private person or entity - then it is three years . This means you have two years from the date of your accident to file a lawsuit in court (three for wrongful death). This deadline is strictly enforced, and failing to file within this timeframe typically means losing your right to pursue compensation altogether.
Why the Oregon Two-Year Statute of Limitations Matters
The two-year (or three year) statute of limitations may seem like a long time, but waiting too long to take legal action can seriously jeopardize your case. If you miss this deadline, you could lose your right to recover damages for:
- Medical expenses and future medical care
- Lost wages and diminished earning capacity
- Pain and suffering
- Vehicle damage and property loss
- Rehabilitation costs
- Other accident-related expenses
Important Exceptions to the Standard Deadline
While Oregon's general statute of limitations is two years for personal injury cases, several important exceptions can affect your filing deadline. Understanding these exceptions is crucial for protecting your legal rights.
The Discovery Rule
Oregon's discovery rule recognizes that some injuries aren't immediately
apparent at the time of the accident. This rule allows the statute of limitations to begin running from the date you discovered (or reasonably should have discovered) your injury, rather than the date of the accident itself. Common situations where the discovery rule might apply include:
- Soft tissue injuries that develop or worsen over time
- Internal injuries with delayed symptoms
- Traumatic brain injuries that manifest gradually
- Medical conditions resulting from the accident that aren't diagnosed immediately
For example, if you're in a truck accident and develop chronic back pain three months later that doctors link to the crash, the discovery rule might extend your filing deadline. However, courts carefully scrutinize these cases, and you must be able to prove that you couldn't reasonably have discovered the injury earlier.
Tolling or Pausing of the Statute
"Tolling" essentially stops the clock on the statute of limitations during certain circumstances:
Minors (Under 18): The statute of limitations doesn't begin running until the injured person's 18th birthday. This extension of time cannot exceed 7 years after the accident or one year after turning 18, whichever occurs first.
However, claims against governmental agencies will not be extended beyond two years after the accident even when the injured party is a minor.
Additionally, when making a claim against a government agency there are shorter notice requirements that must be followed to preserve your right to sue.
Mental Incapacity
If the victim is mentally incapacitated at the time of the accident, the statute may be tolled until the incapacity ends. This protection applies to:
- Individuals who lack the mental capacity to understand their legal rights
- People who are unable to manage their personal affairs due to mental illness
- Those who cannot reasonably be expected to understand the need to pursue legal action
Bankruptcy Stays
When a defendant files for bankruptcy, federal law automatically stays (pauses) all legal proceedings, including the running of the statute of limitations. This pause remains in effect until:
- The bankruptcy stay is lifted by the court
- The bankruptcy proceeding concludes
- The court grants permission to proceed with the case
Defendant Absence
If the defendant leaves Oregon after the accident but before you can serve them with the lawsuit, the statute may be tolled during their absence. However, this exception typically applies only if:
- The defendant's absence makes it impossible to serve them with legal papers
- They've moved without leaving a forwarding address
- They're actively avoiding service of process
It's important to note that these exceptions are complex and often require substantial legal documentation to prove. Courts generally interpret these exceptions narrowly, and the burden of proving why an exception should apply falls on the injured party. This is why consulting with an experienced Oregon personal injury attorney as soon as possible is crucial - they can help determine if any exceptions apply to your case and ensure your rights are protected.
Additionally, even if you believe an exception applies to your case, it's never wise to rely on these exceptions without legal counsel. The safest approach is to proceed as if the standard two-year deadline applies and let your attorney advise you on any applicable exceptions that might protect your rights.
Why You Should Take Legal Action As Soon As Possible
Even though you have two years to file your claim, it's crucial to begin the legal process as soon as possible:
1. Evidence can deteriorate or disappear over time
2. Witnesses' memories become less reliable
3. Important documents might be lost or destroyed
4. Insurance companies may become more resistant to settlement
5. Your Oregon personal injury lawyer needs adequate time to build a strong case
The Importance of Acting Fast
Early action gives your Oregon personal injury attorney the best opportunity to:
- Gather and preserve crucial evidence
- Interview witnesses while their memories are fresh
- Obtain and review medical records
- Assess the full extent of your injuries and damages
- Negotiate effectively with insurance companies
- Ensure all deadlines are met
Metier Law Firm: Protecting Your Rights After an Accident
If you've been injured in a car or truck accident in Oregon, don't wait to seek legal help. While two years might seem like plenty of time, building a strong personal injury case requires careful preparation and attention to detail. At Metier Law Firm Car and Truck Accident Attorneys, our experienced team understands Oregon's statute of limitations and how to protect your rights effectively.
Contact
Metier Law Firm Car and Truck Accident Attorneys today at 866-377-3800 or visit metierlaw.com to schedule your
free consultation. Let our experienced
Oregon personal injury lawyers help you understand your rights and options while there's still time to act. When it comes to personal injury claims in Oregon, taking prompt action is essential for protecting your right to compensation.
Remember, this information is general in nature, and more specific circumstances may affect your case's timeline. Always consult with a qualified Oregon personal injury attorney for advice tailored to your situation.
Sources:
Oregon Rev. Stat. section 12.110(1)
Oregon Rev. Stat. section 30.020
Oregon Rev. Stat. section 30.905
