Oregon · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Oregon?

Oregon gives you 2 years from the date of injury to file a personal injury lawsuit under Or. Rev. Stat. § 12.110.

Updated 2026-05-22 · See all 50 states

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Key facts: Oregon

Personal injury deadline
2 years
Or. Rev. Stat. § 12.110 →
Wrongful death deadline
3 years
Or. Rev. Stat. § 30.020 →
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Oregon follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Oregon

Two years for PI, and three years for wrongful death (from date of death or discovery). The Oregon Tort Claims Act requires notice within 180 days for personal injury and one year for wrongful death under ORS § 30.275.

Related: Oregon comparative negligence rule

Oregon follows a modified 51% bar rule. Modified comparative fault with a 51% bar; recovery is permitted when the claimant’s fault is "not greater than" the combined fault of all defendants and third-party defendants.

Read the full Oregon comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Oregon attorney before relying on it.

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Oregon Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Oregon?

In Oregon, the general personal injury statute of limitations is 2 years from the date of injury under Or. Rev. Stat. § 12.110. Two years for PI, and three years for wrongful death (from date of death or discovery). The Oregon Tort Claims Act requires notice within 180 days for personal injury and one year for wrongful death under ORS § 30.275.

Does Oregon have a separate deadline for wrongful death?

Yes. Oregon's wrongful death statute of limitations is 3 years under Or. Rev. Stat. § 30.020. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Oregon personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Oregon personal injury attorney before assuming a claim is barred.

What is Oregon's comparative negligence rule?

Oregon follows a modified 51% bar rule under Or. Rev. Stat. § 31.600. Modified comparative fault with a 51% bar; recovery is permitted when the claimant’s fault is "not greater than" the combined fault of all defendants and third-party defendants.

Where can I read the actual statute?

The controlling statute is Or. Rev. Stat. § 12.110. The full text is available on the official Oregon legislature website at https://oregon.public.law/statutes/ors_12.110.

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