If you've been injured in an accident caused by someone else’s negligence, you may be entitled to file a personal injury claim. However, you don’t have unlimited time to act. Each state sets a legal deadline, called the statute of limitations, for filing a lawsuit, and Portland follows the timeline set by Oregon state law. Need to hire a personal injury lawyer in Portland? Before you do, it’s crucial to understand how long you have to file your case and what exceptions may apply.
Time can move quickly after an accident. Between medical appointments, missed work, and dealing with insurance companies, many people don’t realize how fast the deadline to take legal action approaches. In Portland, knowing these legal timeframes can make all the difference in your ability to secure compensation.
The general statute of limitations for personal injury cases in Portland is two years from the date of the injury. This means that if you're injured in a car accident, slip and fall, or any other incident caused by negligence, you have exactly two years to file a lawsuit in civil court.
If you miss this deadline, the court will almost certainly dismiss your case, regardless of the facts or severity of your injury. This law is in place to encourage timely resolution and prevent parties from facing indefinite liability.
Portland courts strictly adhere to this rule, and late filings are rarely excused. That’s why it’s essential to understand when the clock starts ticking and how to act in time.
While two years is the standard deadline for personal injury claims, there are exceptions. Portland residents may face different deadlines depending on the nature of their claim:
● Wrongful Death Claims: If a loved one passes away due to another person’s negligence, family members have three years from the date of death to file a wrongful death claim.
● Medical Malpractice: Injuries from medical errors generally fall under a two-year deadline from the date of discovery. However, all claims must be brought within five years of the date of the act, regardless of when the injury was discovered.
● Claims Involving Government Entities: If your injury involves a government agency—such as a city vehicle or unsafe public property—you must file a notice of claim within 180 days of the incident. This applies to all levels of government in Portland and is a crucial step before filing a formal lawsuit.
Understanding these distinctions is essential if your case falls outside the typical personal injury category.
Oregon law recognizes that certain situations may make it difficult or unfair to enforce the statute of limitations immediately. In Portland, specific exceptions may apply to delay or “toll” the legal deadline:
● Injured Minor: If the injured person is under 18 at the time of the accident, the two-year statute does not begin until they turn 18.
● Mental Incapacity: If the injured party is mentally incapable of filing a claim, the statute of limitations may be tolled until they regain capacity.
● Defendant Leaves Oregon: If the person responsible for the injury leaves Oregon before you can serve them with a lawsuit, the time they are out of state may not count against the two-year limit.
Each of these exceptions comes with its own set of legal rules. If you believe an exception applies to your Portland case, it’s essential to consult a professional as soon as possible.
Although you may legally have up to two years to file your claim, waiting too long can still hurt your case. Important evidence such as photographs, surveillance footage, and eyewitness memories may fade with time. Acting early increases your chance of securing important documentation and building a stronger case.
Portland insurance companies often begin their investigations immediately after an incident. If you delay your legal action, you may find yourself at a disadvantage during negotiations. Promptly consulting a lawyer also allows time to explore settlement opportunities without risking expiration of your legal rights.
Steps to Take After an Injury in Portland
If you’ve been hurt in Portland due to someone else’s negligence, here are a few steps to take to ensure your legal rights are protected:
In Portland, these proactive steps can make all the difference in the success of your claim.
Some people wait to file a claim, thinking they’ll “see how things go” or wait until they fully recover. While that’s understandable, Portland courts won’t extend your timeline based on ongoing recovery or negotiations. The two-year window begins the day the injury occurs or is discovered.
Even if you’re unsure whether you want to proceed with a lawsuit, starting the consultation and investigation process early protects your legal position. It also provides time to collect evidence, review medical records, and evaluate the total impact of your injury.
Portland sees its fair share of motor vehicle collisions. If you’re injured in a car accident here, you still fall under the two-year statute of limitations. However, there are important additional considerations:
● Uninsured Motorist Claims: Your auto insurance policy may require you to provide notice much sooner than two years.
● PIP Benefits: In Portland, personal injury protection (PIP) insurance is mandatory and covers medical bills regardless of fault, but those claims must be made within a strict time frame.
● Government Vehicles: As mentioned earlier, if your crash involves a city bus or state-owned vehicle, you’ll need to act within 180 days.
Missing these early notice deadlines can severely limit your recovery options, even if the lawsuit itself is technically still within time.
The process of pursuing a personal injury case can be complex. A Portland attorney can help you stay ahead of critical deadlines, manage paperwork, and deal with insurance adjusters. Legal representation also helps ensure you aren’t pressured into settling too soon, especially before you understand the full extent of your injuries.
Legal guidance is particularly important if you’re navigating exceptions to the statute of limitations or dealing with a party that’s difficult to locate. A local Portland lawyer can also provide insight into how local courts handle different types of personal injury claims.
When dealing with a personal injury, acting within the statute of limitations is crucial, but so is understanding your case from every angle. You may have questions about fault, damages, insurance coverage, or settlement options. These are just a few of the questions to ask A car accident lawyer in Portland before you move forward.
