A brain injury can severely affect memory, concentration, speech and the ability to perform everyday activities. What makes these injuries especially challenging is that the symptoms don’t always show up right away. Instead, they can surface days or even weeks after the initial trauma. That delay creates a real problem, because Oregon’s filing deadlines do not wait for symptoms to appear.
Understanding Oregon’s deadline for brain injury claims
Oregon law sets specific time limits for filing a brain injury lawsuit. The deadline that applies to you depends on how you suffered your injury and who may be responsible. Here are some important rules:
- The general deadline is two years: You have to file most personal injury lawsuits—including claims involving car crashes, falls, and other accidents—within two years of your injury date. Missing this deadline generally bars you from pursuing compensation through the courts.
- Injuries to minors face strict extensions: If you were a minor at the time of the injury, Oregon law pauses the clock, but only for a maximum of five years or until one year after your 18th birthday, whichever comes first. It does not automatically pause until you turn 18.
- Government claims require immediate notice: If your claim involves a government agency, such as a city or school district, you must serve a formal written tort claim notice within 180 days of the injury. This mandatory notice is required in addition to filing the actual lawsuit within the standard two-year limit.
- Medical malpractice rules apply: If your injury resulted from medical negligence, your claim falls under Oregon’s medical malpractice rules. You must file within two years of when your injury was or should have been discovered, subject to a strict five-year absolute cutoff from the date of treatment.
Because the applicable deadline can depend on the circumstances, preserving your medical records, accident reports and other evidence early can help protect your rights.
Take action before your deadline passes
Determining the filing deadline early can help you avoid losing the opportunity to pursue a claim. An attorney can review the circumstances of your injury, identify which deadline applies to you and outline the legal options available.