A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Oregon for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Oregon lawyer to find out how a statute of limitations applies to your situation.
Breast Implants:
All actions based on claims of personal injury as a result of the presence of breast implants must be filed within 2 years from the date of the injury.
Fraud:
Actions based on fraud must be filed within 2 years. This two year limitation period begins to run from the date the fraud was discovered.
Libel-Slander-Defamation:
These types of actions must be filed within 2 years from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury, or within 2 years of the date the injury was, or should have been, discovered. A suit may not be filed more than five years after the date of the act resulting in the injury. Where the injured party is a minor, legal action must be filed within 5 years from the date of the act resulting in the medical malpractice injury.
Nuclear or Radioactive Incidents:
All actions based on nuclear or radioactive incidents must be filed within 2 years from the date of the injury.
Personal Injury:
Personal injury actions must be filed within 2 years from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 2 years from the date of the injury, or within 2 years from the date the injury was, or should have been, discovered. No case may be filed more than 8 years from the date the product was first purchased or used, unless the injury was discovered during the 8th year. In that situation, no such case shall be filed after 10 years from the date the product was first purchased or used.
Wrongful Death:
Wrongful death actions must be filed within 3 years of the date of the act resulting in death was, or should have been, discovered. No suit may be filed more than 3 years from the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Oregon, when the injured party is a minor the limitations period begins to run on that minor’s 18th birthday. This exception does not apply in medical malpractice or wrongful death cases, however. In those instances, please refer to the above information, or refer to the statute directly. If an injured party is deemed to be mentally incompetent or insane, he or she will have 1 year after the termination of the disability to file his or her claim. However, no claim may be filed after 5 years have passed from the date of the act resulting in the injury. This exception does not apply in medical malpractice or wrongful death cases.
