In Oregon, the statute of limitations is the legal deadline for starting a lawsuit or, in criminal cases, prosecuting an offense. The deadline depends on the type of claim, when the clock starts, and whether a special rule applies. Missing it can prevent a case from moving forward, even if the underlying claim has merit. This guide summarizes common Oregon deadlines and explains important exceptions, including notice requirements for claims against public bodies.
How Oregon’s Statute of Limitations Works
A statute of limitations sets a time limit for taking legal action. In a civil case, the clock often starts when the injury or loss happens, but some claims use a discovery rule: the period may begin when the injured person discovers, or reasonably should discover, the harm and its connection to the alleged wrongdoing. The precise rule depends on the claim and the governing statute.
Oregon’s limitation periods are found across state law, especially in Oregon Revised Statutes (ORS) Chapter 12 for many civil actions and ORS Chapter 131 for criminal proceedings. A deadline may also be affected by statutes of repose, administrative filing rules, written agreements, or laws that pause the clock. The details matter; a general deadline should not be treated as a case-specific answer.
Common Oregon Civil Filing Deadlines
The table below gives a general overview of frequently encountered deadlines. It is not a complete list, and exceptions can change how a period applies. “Discovery” deadlines can depend on the facts, while other periods generally run from a specified event, such as an accident or breach.
| Type of claim | Common Oregon deadline | General starting point |
|---|---|---|
| Personal injury | 2 years | Injury or discovery, depending on the claim |
| Property damage | Often 6 years | Injury to property or accrual of the claim |
| Written or oral contract | Often 6 years | Breach of contract |
| Medical malpractice | Generally 2 years, with a 5-year outer limit | Discovery and the date of the alleged act or omission |
| Wrongful death | Generally 3 years | Death, subject to statutory details |
| Claims against an Oregon public body | Notice is usually due within 180 days; wrongful-death notice is generally due within 1 year | Loss or injury, under the Oregon Tort Claims Act |
Personal Injury and Property Damage
For many personal injury claims, Oregon law provides a two-year limitation period. ORS 12.110(1) covers actions for injuries to a person or rights of another, as well as certain actions for fraud or deceit. Depending on the legal claim and circumstances, the period may run from the injury or from when the plaintiff discovers, or should have discovered, the injury and its causal connection to the conduct at issue.
That two-year period often arises in discussions of car crashes, falls, and other accidents, but it does not automatically govern every claim connected to an injury. Separate rules may apply to product liability, professional negligence, claims involving minors, or suits against a government entity. For instance, an accident involving a city vehicle may trigger a short notice deadline in addition to the deadline for filing a lawsuit.
Property damage claims may have a different time limit. ORS 12.080(3) generally gives six years for an action for injury to the rights of another that is not based on contract, while other legal theories and facts can affect which statute applies. A claim involving damage to land, personal property, or a contractual promise should be classified carefully before relying on a deadline.
Contract Disputes and Unpaid Debts
Oregon generally allows six years for actions on many written and oral contracts under ORS 12.080(1). The clock usually begins when the contract is breached and the claim can be brought, rather than when the parties first entered the agreement. For an installment agreement, separate payments or breaches may have separate accrual dates.
Unpaid loans, invoices, and other debts may be subject to the contract limitation period, but the answer can depend on the document, the nature of the obligation, and any later payment or acknowledgment. A creditor should not assume that a demand letter restarts a deadline. Nor should a debtor assume that an old debt disappears: expiration of a limitation period generally concerns the ability to pursue a court action, not necessarily whether the debt ever existed or how it may be reported under other laws.
Some agreements include arbitration clauses or other dispute-resolution terms. Those provisions may affect where and how a dispute is pursued, but they do not necessarily eliminate statutory deadlines. Reviewing the agreement and the dates of missed payments or other breaches is essential.
Medical Malpractice and Professional Negligence
Oregon medical malpractice claims generally must be filed within two years after the injury is discovered, or reasonably should have been discovered, under ORS 12.110(4). The statute also generally imposes a five-year limit measured from the treatment, omission, or other event that caused the injury. This outer limit is often called a statute of repose because it can bar a claim even when the injury is discovered later.
The statute includes exceptions, including provisions concerning fraud, deceit, or misleading representations, and a special rule for certain injuries caused by a foreign object left in the body. Those exceptions have specific legal requirements and should not be presumed to apply. A claim against a health care provider may also involve questions about who qualifies as a provider, when a patient discovered the injury, and whether later treatment is part of the same alleged negligence.
Other professional-negligence cases, such as claims involving legal or financial services, may have different limitation periods and accrual rules. The two-year medical malpractice rule should not be applied automatically to every professional service dispute.
Wrongful Death and Claims Against Government
Oregon’s wrongful-death statute, ORS 30.020, generally requires an action to be commenced within three years after the death. Wrongful-death claims have specific rules about who may bring the action and how damages are handled. The deadline is not necessarily calculated in the same way as the deadline for an injury claim brought by the person who later died.
A claim against an Oregon state or local public body can require prompt written notice under the Oregon Tort Claims Act (OTCA), ORS 30.260–30.300. In general, notice must be given within 180 days after the alleged loss or injury is discovered, or reasonably should have been discovered. For wrongful-death claims, the notice period is generally one year. The lawsuit itself is generally subject to a two-year filing period, but the applicable facts and statutory provisions should be checked.
OTCA notice is a separate requirement, not simply another name for filing a lawsuit. The notice must meet legal requirements and be delivered to the correct public body or recipient. A person considering a claim involving a public school, city, county, state agency, or public employee should verify the notice deadline immediately.
Oregon Criminal Statute of Limitations
Criminal prosecution deadlines vary by offense under ORS 131.125. Oregon law provides no limitation period for murder. Other crimes have different periods; the statute generally sets a six-year period for certain serious offenses, a three-year period for many felonies, and a two-year period for many misdemeanors. Some offenses have special rules or longer periods, including provisions related to particular sexual offenses and offenses involving minors.
The starting point and calculation can also depend on the circumstances. For example, statutes may address when an offense is discovered, whether a suspect is absent from the state, or whether DNA evidence affects a prosecution deadline. A criminal limitation period concerns the time for the state to commence prosecution; it is distinct from deadlines for a civil lawsuit arising from the same events.
When the Deadline May Be Paused or Changed
Oregon law recognizes circumstances that can toll, or pause, some limitation periods. ORS 12.160 includes rules for certain claims involving minors and people who are legally incapacitated. The details vary by claim, and some statutes impose an outside deadline regardless of tolling. A person should not assume that being under 18 automatically extends every deadline by the same amount.
Other provisions may address a defendant’s absence from Oregon, fraud that prevents discovery of a claim, or specific conduct that affects the limitation period. These doctrines are narrow and fact-dependent. An informal negotiation, an insurance claim, or a request for payment does not necessarily stop the clock on a lawsuit.
A statute of limitations is also different from a statute of repose. A limitation period often turns on when a claim accrues or is discovered. A repose period generally runs from a defined event, such as an act or transaction, and may end a potential claim regardless of when the harm becomes apparent. Medical malpractice law illustrates how both kinds of deadlines can operate together.
What to Do If an Oregon Deadline May Apply
- Write down key dates. Record when the event occurred, when symptoms or damage appeared, when the connection became apparent, and any dates of treatment, payments, or missed obligations.
- Identify the legal claim. Similar facts can support different claims with different deadlines. A personal injury, contract, property, or professional-negligence claim may not share the same limitation period.
- Check for special notice rules. Claims against public bodies and some other types of cases may require action well before the general lawsuit deadline.
- Keep relevant records. Preserve contracts, medical records, photographs, invoices, messages, insurance correspondence, and proof of any notice sent.
- Get advice promptly. A lawyer can assess accrual, tolling, repose, and filing requirements. Waiting for an insurer or opposing party to respond may not extend the statutory deadline.
Oregon statutes are available through the Oregon Legislature’s ORS collection. Key provisions discussed here include ORS Chapter 12, ORS Chapter 30, and ORS Chapter 131. These summaries are general information, not legal advice; the current statute and facts of an individual matter determine the applicable deadline.