Statute of Limitations
This two year statute of limitations applies generally to motor vehicle injury claims arising in the State of Oregon. There are exceptions, however, which only your lawyer can explain. An example of an exception would be if you were a minor, in which case your statute of limitations (time limit for taking action) might be extended. On the other hand, if you were suing a public entity, your statute might be shortened because of special notice requirements.
The following is from Oregon State Law.
ORS 12.110. Actions for certain injuries to person not arising on contract; action for overtime or premium pay; action for professional malpractice; effect of fraud or deceit; action for injuries to person arising from nuclear incident.
- (1) An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit.
- (2) An action upon a statute for a forfeiture or penalty to the state or county shall be commenced within two years.
- (3) An action for overtime or premium pay or for penalties or liquidated damages for failure to pay overtime or premium pay shall be commenced within two years.
- (4) An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered.
- (5) An action, arising from a nuclear incident, as defined in 42 U.S.C. 2014(q), that involves the release of radioactive material, excluding releases from acts of war, that causes bodily injury, sickness or death, shall be commenced:
- (a) Within two years from the time an injured person discovers or reasonably could have discovered the injury and the causal connection between the injury and the nuclear incident; or
- (b) Within two years from any substantial change in the degree of injury to the person arising out of a nuclear incident.