Best Personal Injury Lawyers in Oregon (2026)

In Oregon, the deadline to file a standard personal injury lawsuit is generally 2 years after the claim accrues.

Governing statute: ORS 12.110(1). It broadly covers injuries to a person or another’s rights that do not arise from contract and are not otherwise specifically addressed. The statute does not itself establish a blanket discovery rule for every personal injury claim, so the accrual date can depend on the type and circumstances of the claim.

Medical malpractice claims in Oregon have their own deadline: 2 years from discovery and generally no more than 5 years from treatment.

ORS 12.110(4). Medical, surgical and dental injury claims must be commenced within two years after the injury is discovered or reasonably should have been discovered. They are ordinarily subject to a five-year outer limit measured from the treatment, omission or operation, notwithstanding ORS 12.160; a statutory exception applies for fraud, deceit or misleading representation.

Wrongful death claims in Oregon: 3 years after the injury causing death is discovered or reasonably should have been discovered.

ORS 30.020. In no case may the action be commenced later than the earliest of three years after the decedent’s death or the longest statute-of-repose period applicable to the act or omission that caused the injury.

If a government entity is involved, a much shorter notice deadline usually applies in Oregon: 180 days after injury for personal injury; 1 year for wrongful death.

ORS 30.275. Under Oregon Tort Claims Act, notice of claim to public body must be given within 180 days (personal injury) or 1 year (wrongful death); includes 90‑day tolling for incapacity; separate from SOL.

Oregon follows: Modified comparative fault: plaintiff recovers only if their fault does not exceed combined fault of all defendants; recovery reduced by plaintiff’s percentage. (ORS 31.600). At 50% fault you recover; above that (51%) you recover nothing; plaintiff’s fault subtracted from award.

Damage caps in Oregon: ORS 31.710 caps noneconomic damages at $500,000 in wrongful death cases, except claims under the Oregon Tort Claims Act and workers’ compensation law; the cap does not apply to punitive damages. The current ORS 31.710 cap does not apply to ordinary private personal injury or medical malpractice claims. Claims against government defendants are instead subject to separate, annually adjusted OTCA liability limits. (ORS 31.710 and ORS 30.269–30.273)

Contingency fee agreements are permitted for covered bodily injury, death and property-damage actions. The agreement must be written in plain and simple language, the attorney must explain its terms in compliance with the Oregon State Bar’s model explanation, and the agreement must provide a 24-hour written rescission right.