Oregon Statute Of Limitations Personal Injury

Have you been thinking of filing a lawsuit against a third party over a personal injury case but it has been awhile since the incident occurred and you are not sure whether or not you are still able to pursue the suit? There are a number of factors which must be taken into consideration in order to judge the eligibility of a lawsuit and whether or not it falls within the local statute of limitations. We have compiled a handy FAQ which can help aid in determining whether or not your outstanding case is still eligible.

What is a statute of limitations?

A statute of limitations determines the deadline by which one has to file a lawsuit within civil court. For instance, let us imagine you hit someone with your car on accident. Instead of taking things to court, you and the victim end up settling privately. The statute of limitations would prevent that person from turning around and suing you years later once the proof of your personal agreement has become either lost or obscured with time. Likewise, this means that it is incredibly important to take legal action as quickly as possible if one finds themselves in the role of the plaintiff.

In Oregon, the statute of limitations on personal injury claims is two years, meaning that any formal lawsuits should be filed before the end of this period.  While it is still possible to file a lawsuit after the statute of limitations has passed, however the defendant gains the ability to use the statute of limitations as a valid reason to have the case dismissed.

Oregon Statute Of Limitations Personal Injury

When does a statute of limitations start?

The clock begins running down on the statute of limitations starting from the time that the associated incident occurs, as per the plaintiff’s claim. In the case of personal injury though, this can get a little bit more complicated. Sometimes it is not always immediately apparent that damage has been caused or an injury has occurred at the time of an incident, such as in cases involving lung or nerve damage. In these situations, the statute of limitations would begin from the time of discovering the damage, assuming the plaintiff is able to successfully link the damage to the cause in their claim.

The reasoning for this is that a basis for a lawsuit is required for a statute of limitation to begin. Assuming that no fault or injury is immediately found at the time of incident, then the cause for a lawsuit has yet to be established. This works towards the benefit of the injured, helping ensure that their lawsuit doesn’t become void off of technicality.

delay the statute of limitations

Is there anything that can delay the statute of limitations?

In order to avoid individuals or entities attempting to create situations which might stall the filing of a lawsuit past the statute of limitations, there are indeed exceptions and situations in which the countdown on the statute of limitations may be temporarily frozen. These circumstances are incredibly often specific and sometimes are left to the judge’s discretion.

Consult with a lawyer

Unfortunately, even if your case falls within all of the parameters outlined, there’s still a chance that some of the basic rules regarding the statute of limitations may be superseded by a more relevant statute. The only way to completely know the standing of your claim and any of the deadlines or circumstances which surround it is to consult with a lawyer who will be able to get to the bottom of your specific situation.

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