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Oregon Statute of Limitations

Oregon

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death must be filed within three years after the injury causing the death is or should have been discovered. In no event can a wrongful death action be filed more than three years after the date of death.

Personal Injury Actions

These actions must be brought within two years of the date of the injury.

Medical Malpractice Actions

Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. Only in cases involving fraud or deceit may a medical malpractice action be filed more than five years after the date of the act giving rise to the injury occurred.

Products Liability Actions

Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the date when the injury was, or should have been, discovered. Generally, a person may not file a products liability action more than 10 years after the product was purchased or used. Furthermore, if the action is brought under the UCC, the statute of limitations is four years.

Special Rules for Minors

The statute of limitations is tolled until the person is 18; however, it may not be extended more than five years or until one year after the person turns 18, whichever comes first.

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