Time Limit for Filing an Auto Accident Lawsuit
Following a car accident in Portland, Oregon, the state law sets a time limit, known as the Statute of Limitations, within which a person must file a lawsuit.
Statute of Limitations in Oregon
The Statute of Limitations in Oregon sets a time limit for filing a lawsuit after a Portland car accident. In general, the time limit for filing a personal injury lawsuit is two years from the accident date. There are exceptions and extensions that can affect this timeline. [1]
Extensions to the Statute of Limitations are rare, but they may be granted in limited circumstances. For example, if the injured person was not immediately aware of the extent of their injuries, the two-year period may begin from the date of discovery rather than the date of the accident.
Filing a lawsuit within the statute of limitations is key to protecting your rights. Waiting too long to take legal action may result in the loss of your ability to seek compensation for:
- Medical expenses
- Property damage
- Other losses
Exceptions to the Statute of Limitations
One exception applies when the injured person is a minor at the time of the accident. In such cases, the two-year period does not begin until the minor reaches the age of 18. This allows for additional time to file a lawsuit when the injured person is underage.
Another exception arises when the at-fault party is a government employee or the accident involves a government vehicle. In these cases, there may be specific procedures and deadlines to follow, which can extend the time limit for filing a lawsuit.
The Statute of Limitations for filing a Portland wrongful death claim in cases where the car accident results in a person’s death is three years from the date of the person’s death. [2]
To determine if any exceptions or extensions apply to your case, consult with an experienced car accident attorney. They can provide guidance based on the specific details of your situation and help you navigate the legal process within the required time frame.
Factors That Affect How Long After an Accident You Can File a Lawsuit
Several factors can impact the timeline for filing a lawsuit after a car accident. The availability of insurance coverage is one such factor. Insurance companies often require immediate notification of the accident and may have specific time limits for filing a claim.
- The involvement of multiple liable parties can also influence the decision to pursue a lawsuit. Identifying all responsible parties and determining their degree of fault can be complex and time-consuming. This process may require thorough investigation and evidence collection to establish liability.
- Gross negligence by the at-fault driver may also impact the decision to pursue a lawsuit instead of an insurance claim. In cases where the at-fault driver's actions were willful, wanton, or showed a complete disregard for the safety of others, punitive damages may be sought.
- Comparative fault is another aspect to consider when determining the timeframe for filing a lawsuit. In states that follow the comparative fault rule, the injured person's degree of fault can reduce the amount of compensation they receive.
Consulting with our experienced car accident attorneys at Goldberg & Loren will provide you with valuable guidance and help ensure timely filing to protect your rights and seek fair compensation.
The Importance of Taking Immediate Action After an Accident
Although it may seem like a significant amount of time, it is vital to take immediate action after a car accident for various reasons.
Waiting too long can make it harder to gather important evidence for your case. For instance, surveillance footage from nearby businesses or traffic cameras will be lost or overwritten if not obtained promptly. Physical evidence from the accident scene may also deteriorate.
Over time, witnesses may become unavailable due to factors such as relocation, death, or other circumstances. Their memory of the accident may fade, which can affect the reliability and value of their testimony.
It is important for anyone involved in a car accident, including yourself, your loved ones, or acquaintances, to be aware of these timelines and seek legal counsel promptly.
Our Portland personal injury attorneys at Goldberg & Loren are dedicated to helping you understand the legal process and seek fair compensation. Contact us today for a free consultation.
In Oregon, the statute of limitations for car accidents is 2 years. This means that individuals who have been involved in a car accident have a legal window of 2 years from the date of the accident to file a lawsuit seeking compensation for their injuries or damages.
The statute of limitations for wrongful death related to a car accident in Oregon is generally three years. This means that a lawsuit must be filed within three years from the date of the victim's death. However, it is important to consult with a legal professional to understand the specific details and any exceptions that may apply in your particular case.
The Statute of Limitations for property damage related to a car accident in Oregon is six years from the date of the accident. This means that any claims made against another party responsible for causing the accident must be brought to either a court or an insurance company within two years from when the incident took place.
Sources:
[1] (2022). Oregonlegislature.gov. https://www.oregonlegislature.gov/bills_laws/ors/ors012.html
[2] (2021). Oregonlegislature.gov. https://www.oregonlegislature.gov/bills_laws/ors/ors031.html
