A note on where this comes from: Deadline issues are among the most heartbreaking problems in personal injury law. I have seen people with serious injuries lose their right to recover because they waited too long or did not know about the notice requirements for claims against a public body. The rules below are real deadlines with real consequences.
Under ORS 12.110, you have two years from the date of injury to file a personal injury lawsuit in Oregon. Miss that deadline and you almost certainly lose your right to recover, no matter how serious your injuries are. Two years sounds like a long time. In practice, it is not.
The 2-Year Filing Deadline
The statute of limitations begins running on the date of the incident that caused your injury. For most car accidents, that is straightforward. For some injuries, particularly those with delayed onset or gradual discovery, the clock may begin at the point you discovered or reasonably should have discovered the injury. Courts interpret this narrowly. Do not rely on discovery exceptions to extend your window.
Once the deadline passes, the defendant raises it as a complete defense. Courts almost always grant it. There is no recovery regardless of liability, regardless of damages, regardless of how egregious the conduct was.
The 180-Day Notice Requirement for Government Claims
If your injury involved a government entity, a separate and much shorter deadline applies. Under the Oregon Tort Claims Act (ORS 30.275), you must provide formal written notice of a claim against any public body, including state agencies, counties, cities, and school districts, within 180 days of the date of injury. For wrongful death claims, the notice period extends to one year.
The notice must include:
- Your name and contact information
- A statement of intent to claim damages
- A description of the time, place, and circumstances of the incident
- The name of the public body you are claiming against
180 days is six months. If you were seriously injured, you may still be in active treatment at that point, nowhere near ready to think about litigation. The notice requirement does not care. Miss it and the claim against the government entity is almost always gone.
Government Entities That Trigger This Rule
A partial list of situations where the Oregon Tort Claims Act notice requirement applies:
- Accidents on city or county roads due to poor maintenance, missing signage, or dangerous conditions
- Crashes involving a government-owned vehicle (ODOT trucks, transit buses, city utility vehicles)
- Injuries at public schools, parks, or government buildings
- Incidents involving a government employee acting within the scope of their duties
If there is any possibility a government entity was involved in your accident, treat the 180-day clock as active and contact an attorney immediately.
Why Two Years Is Not Actually Enough Time
Building a personal injury case takes longer than most people expect. Medical records have to be gathered from every provider. Witnesses need to be located and interviewed while their memories are still fresh. In serious cases, medical experts and accident reconstruction specialists need time to review the evidence and prepare their opinions.
A case filed at month one is far stronger than a case handed to us at month twenty-two. Early retention means earlier evidence preservation, earlier witness contact, and a much longer runway to develop the case the right way.
The cases we build in the first three months are consistently more valuable than the same injuries presented two years later with degraded evidence and cold witnesses.
Wrongful Death Claims: A Separate Deadline
Oregon wrongful death claims are governed by ORS 30.020 and must be filed within three years of the date of death. Note that this is separate from the 180-day Tort Claims Act notice requirement if a government entity is involved. Both can apply simultaneously. If you lost a family member due to someone else’s negligence, contact an attorney well before either deadline.
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Jarely Castro
Attorney · Vames Wang Sosa Hood
Jarely Castro is an attorney at Vames Wang Sosa Hood focused on personal injury and auto accident cases throughout Oregon. She works closely with clients on case strategy from the first call through resolution.
This article is for informational purposes only and does not constitute legal advice. Oregon law is subject to change. Statutory references are current as of the date of publication. Contact Vames Wang Sosa Hood for legal counsel specific to your situation.