Personal Injury Statute of Limitations in Oregon
Last verified 2026-07 · Source: Or. Rev. Stat. § 12.110(1) ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or date harm is discovered or reasonably should have been discovered in the exercise of reasonable care, under Or. Rev. Stat. § 12.110(1).
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The deadline to file a personal injury lawsuit in Oregon is 2 years, set by Or. Rev. Stat. § 12.110(1). It starts running on Date of injury, or date harm is discovered or reasonably should have been discovered in the exercise of reasonable care. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Oregon Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Or. Rev. Stat. § 12.110(1) |
| Car Accident | 2 yrs | Or. Rev. Stat. § 12.110 |
| Credit Card Debt | 6 yrs | ORS 12.080(1) |
| Medical Malpractice | 2 yrs | ORS 12.110(4) |
| Wrongful Death | 3 yrs | ORS § 30.020 |
| Dog Bite | 2 yrs | ORS 31.360 (strict liability); SOL: ORS 12.110(1) |
| Slip and Fall | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Defamation | 1 yr | ORS 12.120(2) |
| Breach of Contract | 6 yrs | ORS 12.080(1) |
| Medical Debt | 6 yrs | Or. Rev. Stat. § 12.080(1) |
When the Clock Starts
In Oregon, the limitations period for personal injury lawsuits generally begins on Date of injury, or date harm is discovered or reasonably should have been discovered in the exercise of reasonable care. Oregon recognizes a discovery rule for this claim type: ORS § 12.110(1) codifies the discovery rule: clock starts when harm is discovered or in the exercise of reasonable care should have been discovered; fraud exception tolls until actual discovery
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice within 180 days of injury under Oregon Tort Claims Act (ORS § 30.275); then 2-year limit to file suit against government entities
- Damage caps: $500,000 noneconomic cap against government defendants (ORS § 30.271); no general cap for private defendants
Modified comparative fault; plaintiff barred if 51% or more at fault (ORS § 31.600). If defendant leaves Oregon or conceals identity within state, clock pauses during absence or concealment (ORS § 12.150). Med-mal: 2 years from discovery, max 5-year outer limit.
Source: Or. Rev. Stat. § 12.110(1), official Oregon statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Oregon government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Oregon Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Oregon | 2 years | Or. Rev. Stat. § 12.110(1) |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190(4)(e) |
| California | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Oregon?
You have 2 years from Date of injury, or date harm is discovered or reasonably should have been discovered in the exercise of reasonable care, under Or. Rev. Stat. § 12.110(1).
Can I still sue after 2 years in Oregon?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Oregon?
Yes. ORS § 12.110(1) codifies the discovery rule: clock starts when harm is discovered or in the exercise of reasonable care should have been discovered; fraud exception tolls until actual discovery
What if the victim was a minor?
Oregon generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice within 180 days of injury under Oregon Tort Claims Act (ORS § 30.275); then 2-year limit to file suit against government entities
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Sources
- Official ORS § 12.110 — Oregon Legislature (ORS Chapter 12)
- Corroborating Oregon Personal Injury Statute of Limitations — Nolo
- Corroborating Oregon Statutes of Limitations — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Oregon attorney.