How long do I have to settle my Oregon personal injury claim?
Since gathering evidence, negotiating a settlement, and taking the case to trial can be a lengthy ordeal, the state of Oregon places a statute of limitations on personal injury claims. Although all fifty states place limitations on the amount of time you have to file a personal injury claim, the limitations vary from state to state.
Personal injury claims in Oregon have a “statute of limitations” requiring you to either settle your claim or file a lawsuit within two years. This means you have two years from the date of the injury to settle your claim with the insurance company or go to civil court and file a lawsuit. While you technically have two years to file a claim, many personal injury lawyers will refuse to take cases that are older than eighteen months.
Statute of Limitations Exceptions
The general two-year statute of limitations in Oregon is only a general rule. There are a number of exceptions. Certain types of claims have different time limitations:
- A child may have an extended period.
- Property damage claims have a six-year time limit.
- Wrongful death claims have other time limits.
Finally, any injury claim against a governmental body, such as the State of Oregon, counties, cities or schools, has an additional requirement of written notice. For instance, most of these claims require specific written notice within 180 days of injury.
It is a good idea to consult with an attorney if you are unsure about the time limitations in your case.
Please note, that these rules vary. There are also other cases that have notice requirement outside of the statute of limitations. You should determine the applicable statute of limitations and any additional notice requirements as soon as possible for your case. If you cannot determine or are unsure about your statute of limitations or potential notice requirement contact an Oregon personal injury attorney. Our attorneys are more than happy to give free advice over the phone to make sure you understand all the applicable time limitations for your particular case. Contact us today at 877-928-9147 or fill out the form and we will respond to your claim.