Oregon Civil Statute of Limitations Laws

State laws impose time limits, called statutes of limitations, for initiating a lawsuit or other types of civil action tied to a specific cause of action. Depending on the nature of the case, the "clock" begins when the alleged incident happens.

These time limits help prevent would-be plaintiffs from using the threat of a lawsuit indefinitely and ensure the integrity of evidence. Witness testimony and physical evidence are more reliable when the discovery process happens close to the actual event. But, the statute of limitations for criminal charges often differs from those for civil actions. Serious criminal offenses may have longer or no time limits.

If you've suffered a personal injury and need to file a lawsuit, contact a personal injury attorney right away.

The Discovery Rule

Some exceptions to civil statutes of limitations exist, such as when an injury is not discovered until later. For example, a person in Oregon may not know of their asbestos exposure until long after. But under the discovery rule, this person has two years from the point of discovery to file an injury claim.

In cases involving sexual abuse, the statute of limitations may extend until the victim reaches a certain number of years of age, depending on the severity of the abuse and other factors. Similarly, for wrongful death claims, the limitation period generally begins at the time of death. Still, exceptions may apply, such as when the death resulted from a latent injury or illness. The limitation period also stops running when a defendant leaves the state or goes into hiding.

Overview of Oregon's Civil Statutes of Limitation

Under Oregon law, most civil actions must get filed within two years, including claims related to personal injury cases, defamation, fraud, and medical malpractice. There is a six-year statute of limitations for injury to personal property, trespassing, contracts, and debt collection. For claims involving minors, the time limit gets tolled until the minor's 18th birthday. Tolling is when the statute’s time limit is paused. But no medical malpractice claim may get filed more than five years after the incident happened.

The main provisions of Oregon's civil statutes of limitations are in the table below. See FindLaw's Injury Law Basics page for more information about filing a lawsuit.

Injury to person

Two years (Oregon Revised Statutes §12.110)

Libel/slander

Two years (§12.110)

Fraud

Two years from discovery (§12.110)

Injury to personal property (property damage)

Six years (§12.080)

Professional malpractice

For medical malpractice claims, the statute of limitations is two years from the act that caused the injury or two years from the point at which a person could have reasonably discovered that the act caused the injury. The statute also sets a maximum timeframe of five years. (§12.110(4))

Trespass

Six years (§12.080(3))

Collection of rents

One year (§12.125)

Contracts

For written contracts, the statute of limitations is six years. (§12.080) For oral contracts, the statute of limitations is six years (§12.080)

Collection of debt on account

Six years (§12.080(2))

Judgments

10 years (§12.070.)

Note: State laws are always subject to change, usually through new legislation or opinions from appellate courts. You should contact an Oregon personal injury attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

Check the following resources for more information about laws in Oregon, including those related to civil statutes of limitations:

  • At Oregon Law, you'll find links to all laws in the state, including those related to civil statutes of limitations.
  • At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.

Civil Statutes of Limitations: Related Resources

Consider reviewing the following resources for more information about laws and legal issues related to civil statutes of limitations:

Get Legal Advice On Oregon Statute of Limitations From an Attorney

In Oregon, as in all states and the District of Columbia, your injury or non-injury-related civil lawsuit must get filed within a certain amount of time. If you don't take legal action within that amount of time, the court will bar your claim. The statute of limitations is arguably the most important part of your case. Speaking with an Oregon-based litigation attorney today is one of the best ways to ensure you meet the deadline and protect your legal rights.

 

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