Don't Rely on Websites to Decide If You Have a Case
Law Firm Websites don’t always get it right - Nothing takes the place of a personal consultation with an experienced Portland personal injury lawyer
As I was reviewing my website recently and checking out others for ideas, I noticed something that gave me pause: the websites of even well-regarded personal injury law firms in Oregon offer very different explanations of what the statute of limitations is—particularly for wrongful death claims.
Some said the statute of limitations for a wrongful death case in Oregon is three years from the date of death. Others said it’s three years from the date of injury that led to the death. Still others said it’s three years from the last incident or injury that contributed to the death. (Under ORS 30.020, the general rule is that the action must be commenced within three years after the injury causing death.) For more information on the statute of limitations in wrongful death cases, visit the FAQ on the Wrongful Death practice page.
Now, to be clear, these differences may seem subtle—but they can lead to very different results. For example, imagine someone is injured in a serious crash, spends months in the hospital, and tragically passes away a year later. If the statute runs from the date of injury, and someone waits nearly three years after the date of death to file, they could be out of time—despite thinking they had filed within the deadline.
Even though this kind of timing issue doesn’t come up in most cases, it highlights an important point: don’t rely on a website to determine your legal rights.
Oregon Statutes of Limitations Can Get Very Complicated
In a standard personal injury case (not including a wrongful death case)—like a car accident in Beaverton—the statute of limitations is generally two years from the date of injury. But even then, there can be important exceptions.
Examples of circumstances that may shorten the statute of limitations:
Claims against public bodies (such as a city bus or a government employee): You may have to file a Tort Claim Notice within just 180 days of the incident.
Dram shop or liquor liability cases (such as those involving an intoxicated driver served at a bar): There may also be a notice requirement within 180 days.
Examples of circumstances that may extend the statute of limitations:
Minority
Mental incapacity
Discovery rule: In some cases (e.g., medical malpractice), the clock doesn’t start until the injury is discovered—or reasonably should have been discovered.
Absence or concealment of the defendant
Advanced payment
Death of plaintiff or defendant
These are just a few examples of the many possible variables that can be involved. Multiple factors can also apply at once, making things even more complex.
Even Lawyers Need to Do Deep Research Sometimes
In my own practice, I rarely encounter problems with deadlines (knock on wood) because I’m careful to track and file well in advance. However, I once took over a case from another lawyer that involved a statute of limitations issue. Even though that case involved a seemingly simple question, it still required in-depth legal research and procedural maneuvering to get the case back on track and eventually resolved favorably for my client. That experience reinforced just how tricky these rules can be—even for experienced attorneys.
Don’t Guess—Call a Lawyer
Many law firm websites, including mine, include disclaimers, such as “This information is not legal advice.” That’s not just boilerplate. It’s a real and important warning. Legal advice requires understanding your specific situation—how the law applies to your facts—not just general rules. In some cases, the "general rule" may not be clearly understood due to, for example, a conflict in laws or an ambiguity, which a court might ultimately have to resolve.
If you’re in Portland, Beaverton, or anywhere else in Oregon and think you may have a personal injury or wrongful death claim, don’t try to figure out your rights on your own. Call me—or another experienced Oregon personal injury lawyer. Hiring an experienced lawyer can help you understand your rights, which deadlines apply to your case, and what your options are. The internet is great, but it’s no substitute for real legal advice.
Last Updated: 8-28-2025
