When it comes to personal injury cases, every state has a deadline set for filing. Known as a statute of limitations, you must make sure you file your personal injury case before it expires or you will lose your chance to seek compensation from the at-fault party who caused your injuries.
In Oregon, this time limit is two years for filing your personal injury case. However, there is much more to understand about the statute of limitations, why they exist, and the few exceptions that may apply in your case.
Why Is There a Time Limit to File a Personal Injury Case?
Time limits are put into place to ensure that no one takes advantage of the system. They also benefit you as the injured party simply because it encourages you to seek prompt resolution in your legal matter.
Waiting too long may compromise your evidence, which may mean your case is weak. If you can’t prove the other party was negligent and liable for your damages, you will not win your case.
Immediately after you are treated for the injuries you’ve sustained in a personal injury accident caused by someone else, you should speak with an attorney. They will help ensure you have a valid claim and get to work filing to ensure you start your lawsuit before the time limit runs out.
Understanding Oregon’s Personal Injury Time Limits and Exceptions to the Rule
As mentioned, Oregon restricts the filing of personal injury claims after 2 years from the date the accident occurred. This applies to most cases such as car accidents, slip and fall accidents, dog bites, and other claims.
Oregon laws have exceptions in place that may give you more or less time to file. For example, wrongful death claims provide more time for family members to file their case on behalf of a lost loved one. You will have three years from the date of your loved one’s passing.
Another exception to the statute of limitations is when the personal injury case involves minors under the age of 18. While a parent can file on behalf of their child, they are not required to take this step. The law extends the statute of limitations to protect the child’s rights, allowing a minor to have an extension by five years or one year after they turn 18, whichever date is soonest. The only exception is if the case is being filed against a government entity, which shortens the time.
What to Know About the Statute of Limitations While Filing Against a Government Entity in Oregon
Government entities have protection through sovereign immunity, though you can still sue them, their employees, and their agents if their negligence has caused your injury. In most situations, personal injury lawsuits against government authorities in Oregon need to be filed within two years, though they also require an additional step.
When suing the government, you must file a notice of claim with the government agency within 180 days of your injury. This preserves your right to file a lawsuit, and because these forms must be correct, you should not proceed without legal representation. Only an Oregon personal injury attorney will be familiar with the process and know how to file the notice to ensure you can file your lawsuit.
What to Do If You Don’t Know About Your Injury Until After the Time Limit Expires?
Sometimes, injuries aren’t apparent immediately. The discovery rule may permit you to file your personal injury case, even after the statute of limitations has expired. However, it can be incredibly complicated to make sure it applies in your case. It is best to speak with a lawyer to find out your legal options after your injury.
Why Is Oregon’s Statute of Limitations Important to Understand?
According to Pro Accident Lawyers Hillsboro, you should have a full understanding of the statute of limitations after you have been injured by a negligent party. Personal injury law allows injured victims to recover their financial losses from their injuries as a way to make their lives as whole as possible after the incident.
When you do not act quickly to file your case and miss the deadline, you lose your chance to pursue compensation for your medical bills, property damage, lost wages, mental anguish, and more. In order to have the best chance at getting the money you deserve, you need to file your personal injury claim without delay. If you have been hurt in this way, you should explore your legal options immediately.
Source: Pro Accident Lawyers, OR
