Here's what injury clients in Oregon need to know before the clock runs out.
July 3, 2026
If you've been injured in Oregon and you're considering legal action, one of the first things you need to know is how long you have to file. Missing the deadline doesn't just delay your case. In most situations, it ends it entirely.
In Oregon, most personal injury claims must be filed within two years of the injury, but the deadline shifts depending on who was involved, when you discovered the injury, and whether a government entity played a role. Here's what you need to know.
Oregon law gives most injury victims two years from the date of the accident or incident to file a personal injury lawsuit. This applies to a wide range of cases, including car accidents, slip and falls, dog bites, and other injuries caused by someone else's negligence. The rule is found in Oregon Revised Statutes section 12.110(1).
Two years may feel like enough time, but between medical treatment, insurance negotiations, and the practical demands of recovery, it can go by faster than expected. Filing even one day late typically results in your case being dismissed, regardless of its merits.
Not every personal injury case falls under the two-year rule. Oregon sets specific deadlines for certain claims:
If you're unsure which deadline applies to your situation, speaking with a personal injury attorney early is the best way to protect your options.
In most cases, the two-year clock starts on the date of the accident. But Oregon recognizes a key exception: the discovery rule.
Under this rule, the deadline may begin from the date you reasonably discovered, or should have discovered, that you were injured and that someone else may have been at fault. This matters in cases involving injuries that aren't immediately apparent, such as internal trauma, occupational exposure, or conditions that emerge weeks or months after an incident.
Courts evaluate whether a reasonable person would have recognized the injury earlier. If so, that earlier date may control, not when you actually found out.
Oregon law allows the statute of limitations to be paused, or "tolled," under certain circumstances:
Injured minors: If the injured person was under 18 at the time of the accident, the two-year clock generally does not start until their 18th birthday. Under ORS 12.160, this means a minor injured at age 15 would typically have until age 20 to file.
Mental incapacity: If the injured person was legally incapacitated at the time of the injury, the deadline may be tolled until that incapacity ends.
Defendant leaves Oregon: If the person responsible for your injury leaves the state and cannot be located, that time period may not count toward the deadline under ORS 12.150.
These exceptions exist, but they are narrow and fact-specific. They should not be treated as a backup plan. For a broader look at how deadlines vary across the country, click here.
If your injury involved a government vehicle, a city bus, a public employee, or a fall on government-owned property, the rules are significantly different, and the deadlines are shorter.
Under the Oregon Tort Claims Act (ORS 30.260–30.300), you must file a formal written notice of your claim with the appropriate public body before you can proceed with a lawsuit. The deadlines for that notice are:
Missing the notice requirement can permanently bar your claim, even if the standard two-year statute of limitations hasn't expired. This is one of the most common and consequential mistakes in government-related injury cases. If you're not sure whether a government entity was involved in your accident, that's another reason to consult an attorney early rather than wait.
Oregon courts enforce these deadlines strictly. If you file after the statute of limitations has passed, the defendant will almost certainly raise it as a defense, and the case will typically be dismissed. Evidence, fault, and damages become irrelevant at that point.
Understanding what's at stake before the deadline arrives is one of the most important steps you can take. Learn more about the mistakes that can affect a personal injury case.
Oregon's two-year statute of limitations gives you time, but not unlimited time. And for certain cases, particularly those involving government entities, you may have far less time than you realize.
If you've been injured and you're still figuring out your options, getting a free case evaluation now can help you understand your deadlines, preserve your evidence, and make informed decisions without the pressure of the clock running out.
Find out what your case may be worth at our website
You can also explore more resources specific to Oregon injury claims here, and find practical guidance on preparing for a consultation over here.
What is the statute of limitations for a car accident in Oregon?
For most car accident injury claims in Oregon, you have two years from the date of the accident to file a lawsuit. This deadline applies whether the crash involved another driver, a rideshare vehicle, or an uninsured motorist. If you were injured in a collision with a government-owned vehicle or on a road maintained by a public agency, the Oregon Tort Claims Act may apply, which requires you to file a formal notice within 180 days.
Does Oregon have a discovery rule for personal injury?
Yes. Oregon recognizes the discovery rule, which means the statute of limitations may start from the date you reasonably discovered, or should have discovered, your injury rather than the date the incident occurred. This is most relevant in cases involving latent injuries, medical conditions that develop gradually, or harm that wasn't immediately apparent. Courts determine whether a reasonable person in the same situation would have recognized the injury earlier.
Can I still file if I was partially at fault in Oregon?
Oregon follows a modified comparative fault system. You may still be eligible to recover compensation even if you were partially at fault for your accident, as long as your share of fault is 50% or less. However, any compensation you receive would be reduced by your percentage of fault. The statute of limitations deadlines still apply regardless of fault.
What if I was injured by a government vehicle or on government property?
Claims against Oregon government entities follow different rules under the Oregon Tort Claims Act. Before filing a lawsuit, you must submit a written notice of claim to the appropriate public body. For most personal injury claims, that notice must be filed within 180 days of the injury. Missing this step typically results in losing the right to pursue compensation, even if the standard two-year filing window hasn't closed. If you're unsure whether a government entity was involved, it's worth consulting an attorney early.
Disclaimer: This content provides general information about personal injury statute of limitations laws in Oregon. It is not legal advice and should not be relied upon as such. Every situation is different, and outcomes depend on specific facts and circumstances. If you've been injured in Oregon, consider consulting with a qualified personal injury attorney licensed in Oregon to discuss your particular situation.
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