#7 How long do I have to settle my personal injury claim after a car accident?

QUESTION: How long do I have to settle my personal injury claim after a car accident?

ANSWER: In Oregon, the statute of limitations for personal injury claims following a car accident is generally two years for adults and varies for minors, extending to either seven years from the injury or until their nineteenth birthday, depending on their age at the time of the accident. Note, if the injury involves a government entity, a 180-day notice is required. Consulting a personal injury attorney early can help ensure you navigate these timelines correctly and secure the best possible outcome for your claim.

How long do I have to settle my personal injury claim after a car accident?

In the state of Oregon, for adults, generally, the statute of limitations is two years from the date of the collision.

So, if you were in an automobile accident in October and you were 35 years old when the collision happened, the statute of limitations will be October when you’re 37 years old.

If the person who was injured is a minor — under eighteen years old, the statute of limitations is different. Decades ago, an Oregon Legislator recognized that, unlike adults, kids’ bones are growing, developing, and still changing. How an injury affects a child can change as they get older.

As a result of that important legislation, the statute of limitations for a minor, generally speaking, is seven years from the date of their injury or their nineteenth birthday.

If your child was seven years old when the collision happened,  their statute of limitations is their 14th birthday. If they were fifteen years old when the collision happened, their statute of limitations is going to be their nineteenth birthday. And if they were seventeen years old when the collision happened, their statute of limitations is still going to be two years.

There are a couple of additional important things to keep in mind. If you’re injured by someone who was on the job and working for the city, the county, the state, or the federal government, there is a 180-day notice requirement. If you don’t meet this written requirement, you will more than likely lose your personal injury claim.

The rules state that, within 180 days of having been injured, you must notify the entity that the person was working for, letting them know that you were injured, where the injury happened, what your injuries are, and that you will be pursuing a personal injury claim.

It’s very important to talk to an attorney about these issues because you don’t want to be eighteen months into your claim only to realize you were injured by someone who was working for a government entity and that you may have lost your claim because you didn’t fulfill your notice requirement.

There is no fee or obligation for an initial consultation with a personal injury attorney. An experienced lawyer will help you understand the statute of limitations with your claim, and provide you with a case evaluation and other valuable information that will be of assistance in navigating the personal injury claim process so that you can have the best possible outcome.

Whether you’re our client or not, we want to be a bridge of support for you.

We’ve developed a robust library of articles and videos organized into four topics which include our responses to the personal injury claim-related questions we’re asked most often.

• Top 10 Personal Injury Claim Mistakes to Avoid
• What You Need to Know About Your Claim
• How Are My Medical Bills & Wage Loss Paid
• How to Prepare for Your Independent Medical Exam

The articles provide advice and guidelines to help you navigate each phase of the personal injury claims process. Whether we represent you or not, we are passionate about helping you protect your rights, you receiving the medical care you need to recover from your injuries, and having the information you need to avoid mistakes that can harm your personal injury claim.