Minors
Children injured in Oregon get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
Statute of limitations · Oregon
You have 2 years to file a personal-injury lawsuit in Oregon.
The clock starts on the date of injury. The controlling statute is Or. Rev. Stat. § 12.110. Filing one day late dismisses the case with prejudice.
What the Oregon statute of limitations actually says
Personal-injury cases in Oregon live or die by the calendar. The statute of limitations is the single most aggressive procedural defense available to insurers and defense attorneys, and they raise it the moment a complaint is filed even a day late.
Oregon's personal-injury deadline is 2 years from the date of injury (Or. Rev. Stat. § 12.110). Wrongful-death claims run from the date of death, with a 3-year deadline. Property-damage claims have a 6-year deadline.
The statute itself, Or. Rev. Stat. § 12.110, is the controlling authority. Interpretive decisions come from OR Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Oregon?
For most personal-injury claims in Oregon, the clock starts the day the wrongful act causes harm. A car crash victim, for example, has the limitations period running from the moment of impact, not from the day the medical bills are tallied or the insurance company denies the claim.
Discovery rule
Oregon courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
What happens if you file late
The consequence of filing one day late is the same as filing one year late , total bar. Oregon courts have repeatedly rejected "near miss" equitable arguments. If the deadline is two years and you file on day 731, the case is dead.
Exceptions that pause or restart the clock
Mental incapacity
Oregon courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Oregon cases.
Defendant absence from state
If the at-fault party leaves Oregon after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Oregon insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Oregon courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Oregon government entities
The Oregon Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
Comparative-fault rule that applies once you file on time
The statute of limitations decides whether you can sue. Oregon's comparative-negligence rule then decides what you can collect.
Oregon applies modified comparative fault (51% bar). Oregon uses modified comparative fault with 51% bar. Authority: Or. Rev. Stat. § 31.600.
All Oregon civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Or. Rev. Stat. § 12.110 | Date of injury |
| Medical malpractice | 2 years | Or. Rev. Stat. § 12.110 | Discovery or treatment end |
| Wrongful death | 3 years | Or. Rev. Stat. § 12.110 | Date of death |
| Property damage | 6 years | Or. Rev. Stat. § 12.110 | Date of damage |
Oregon auto-insurance framework you will encounter
Oregon is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Or. Rev. Stat. § 806.060 is 25/50/20.
Oregon requires UM coverage at a minimum of 25/50 (Or. Rev. Stat. § 742.502). Stacking treatment: limited.
Oregon damage caps that affect what you can recover
Oregon does not cap non-economic damages in medical-malpractice cases. Punitive damages are uncapped. Authority: Or. Rev. Stat. § 31.710.
Oregon statute-of-limitations FAQ
Does Oregon extend the SOL if the at-fault driver leaves the state?
Oregon tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Oregon insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Oregon courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Oregon SOL.
What is "tolling" and when does it apply in Oregon?
Tolling pauses the clock. Oregon recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Oregon-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Oregon courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Oregon permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Oregon court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Oregon?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Oregon does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Oregon personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Oregon personal-injury statute: Or. Rev. Stat. § 12.110. Primary authority for the 2-year deadline.
- Comparative-negligence rule: Or. Rev. Stat. § 31.600. Establishes modified comparative fault (51% bar) in Oregon.
- Auto-insurance / financial-responsibility: Or. Rev. Stat. § 806.060. Minimum liability 25/50/20.
- Uninsured-motorist coverage: Or. Rev. Stat. § 742.502.
- Damage caps: Or. Rev. Stat. § 31.710.
- Court verification: Decisions of OR Sup. Ct., OR Ct. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.