Wrongful Death Statute of Limitations in Oregon
Last verified 2026-07 · Source: ORS § 30.020 ✓ verified · 3 sources
The deadline
3 years
from date of death, under ORS § 30.020.
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If you're researching wrongful death claims in Oregon, the single most important number is 3 years. That's how long ORS § 30.020 gives you to file a wrongful death lawsuit, counted from date of death. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Oregon Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 3 years | ORS § 30.020 |
| 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) |
| Personal Injury | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| 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 wrongful death claims generally begins on date of death. Oregon does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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: Oregon Tort Claims Act (ORS § 30.275) requires written notice to the public body within 180 days of the injury or death (or 180 days from when claimant reasonably should have discovered the loss)
- Damage caps: No cap on wrongful death damages against private defendants; ORS § 30.270 limits government liability per occurrence for public body defendants
Personal representative brings the action under ORS 30.020; recoverable damages include pecuniary loss, loss of services, medical and funeral expenses, loss of consortium, and grief; the 3-year limitation period runs from the date of death as expressly stated in ORS 30.020(1)
Source: ORS § 30.020, 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 | 3 years | ORS § 30.020 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Nevada | 2 yrs | Nev. Rev. Stat. §§ 41.085, 11.190(4)(e) |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Oregon?
You have 3 years from date of death, under ORS § 30.020.
Can I still sue after 3 years in Oregon?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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?
Oregon Tort Claims Act (ORS § 30.275) requires written notice to the public body within 180 days of the injury or death (or 180 days from when claimant reasonably should have discovered the loss)
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Sources
- Official ORS Chapter 30 – Actions and Suits in Particular Cases (including ORS 30.020 Wrongful Death) – Oregon Legislature
- Corroborating Oregon Wrongful Death Laws and Statute of Limitations – Nolo
- Corroborating ORS § 30.020 – Action for Wrongful Death; When Commenced; Damages – 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.