The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, claims against public bodies for wrongful death must be presented within one year and for personal injuries within 180 days from discovery of the alleged loss or injury. For these reasons, it is important to consult an attorney as early as possible to be sure you don’t miss a crucial deadline.
In Oregon, most actions for personal injury must be brought within two years from the date when the cause of action accrues. In most cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. A wrongful death action must be commenced within three years after the injury causing the death. A medical malpractice action must be brought within two years from the date of injury or from the date of discovery, but never more than five years from the date of treatment. Suits against public bodies must be brought within two years from the alleged loss or injury.
The limitation periods are tolled for persons who are under the age of 18 or who are declared mentally unfit at the time of accrual of the cause of action. However, the period within which the action must be brought cannot be extended more than five years, nor shall it be extended longer than one year after the disability is lifted.
Injuries cost money, including time away from work, medical bills, and other complications. Before taking legal action or trying to negotiate a settlement on your own, you should talk to an attorney about your case. You can search LawInfo’s legal directory to find a local personal injury attorney to discuss the merits of your case. This one step can level the playing field, help you protect your rights, and put you in the best position for recovering the compensation that you deserve.