Statute of Limitations in Oregon: What You Need to KnowJanuary 22, 2024
The statute of limitations is a legally defined timeframe within which the plaintiff needs to initiate legal action. The time frame depends on the nature of the incident, type of legal claim, jurisdiction, and other factors. If the injured victim misses the deadline to initiate legal action, they could lose their rights to get compensation for their losses. This is why it is important to have an understanding of the statute of limitations so you don’t miss the deadline.
Statute of Limitations for Personal Injury Claims in Oregon
The statute of limitations for personal injury cases can vary from state to state. The state of Oregon has set the statute of limitation for personal injury cases at two years from the date of the incident that resulted in the injuries. Remember that this statute of limitations is for personal injury cases, so your case must qualify as one for this timeline to apply. Common examples of personal injury cases include medical malpractice, product liability, slip and fall accidents, auto accidents, and dog bite cases.
Exceptions and Extensions
While Oregon strictly follows statute of limitations laws, there are a few acceptable exceptions. For example, if the case involves injury to a minor, the court may allow the case to be extended until the injured reaches the age of 18. Similarly, if the injury resulted in disability or incompetence, the court may extend the statute of limitations to allow the injured to recover from their condition. Exceptions in personal injury cases are rare, so you should consult with an attorney to check if your case qualifies for an extension.
The Importance of Timely Action
While the statute of limitations establishes the maximum time you have to initiate legal action, you should not necessarily wait that long. There are several advantages to taking timely action in personal injury claims. You need to gather evidence to support your claim. Taking timely action enables you to gather and preserve evidence before it degrades or becomes unavailable over time.
For example, if you are relying on witness testimony to build your case, then you need to act fast otherwise the opposition can use the delay as an excuse to undermine the credibility or admissibility of the witness testimony.
In some personal injury cases, the insurance companies need to conduct extensive investigations to determine if they accept or deny the claim and to verify the damages. Delaying legal action can make it challenging for insurance companies to complete the investigation and that can lead to denying your claim.
Another issue in delaying legal action is that you may lose negotiation leverage. If you respond strongly and swiftly, it demonstrates to the opposition that you have a strong case and you are determined to seek compensation. This can provide you with valuable negotiation leverage.
Seeking Legal Help
The statute of limitations for personal injury cases in Oregon can often get a bit confusing. If you have any questions or need clarification, you can contact us at Pro Accident Lawyers. We can guide you on the applicable statute of limitations for your case and share our expert advice on your legal options to recover compensation. Perhaps the biggest benefit of hiring our personal injury attorneys is that while we handle all the legal aspects of your case to build a strong case, you can focus on your recovery.
At Pro Accident Lawyers we have helped clients in Oregon and other areas in Oregon like Hillsboro and Portland. to get full and fair compensation for their suffering. We are proud to have gained a reputation as a reliable and trustworthy law firm in Oregon. Our team has extensive experience in all types of personal injury cases and we can use this experience to guide you through the complexities of personal injury claims. To set up a free consultation with one of our personal injury attorneys, please contact us.