Frequently Asked Questions in Oregon

Oregon’s roadways, sidewalks, and workplaces can all become the scene of serious accidents. Whether you’re dealing with injuries from a traffic crash in Portland or a fall in a Salem store, understanding your legal rights is key. This FAQ page provides straightforward answers to common questions from accident victims and their families throughout the state.

How long do I have to file a lawsuit after an accident in Oregon?

You typically have two years from the date of the injury to file a personal injury lawsuit in Oregon. For wrongful death cases, you have three years from the date of the person’s death. If you miss the deadline, your case may be dismissed. It’s important to act quickly to preserve your rights.

What if I was injured while using public transportation?

If you were hurt while riding a city bus, MAX train, or other public transit, you may have a claim against the transit authority. However, government-related claims often have shorter deadlines and special notice requirements. You should speak with a lawyer right away to ensure everything is filed on time.

Does Oregon allow claims for non-physical injuries like PTSD?

Yes, you can seek damages for emotional trauma such as post-traumatic stress disorder (PTSD) after an accident. These damages fall under “pain and suffering” and may be awarded alongside medical and financial losses. You’ll need evidence, such as therapy records or expert testimony, to support your claim.

Are pedestrian and bicycle accidents treated differently?

They follow the same legal framework as other injury claims, but liability can get more complicated. Oregon law strongly protects pedestrians and cyclists, but you still need to prove negligence. Photos, video footage, and witness statements can make a big difference in these cases.

What happens if more than one person is at fault?

Oregon uses a modified comparative negligence system. This means you can still recover damages if you’re less than 51 percent at fault. Your total compensation will be reduced by your percentage of fault, but if you’re mostly to blame, you may not receive any damages.

Can I file a claim for an injury at a rental property?

Yes, if your injury was caused by a landlord’s failure to maintain a safe environment, you may have a premises liability claim. This includes things like broken stairs, poor lighting, or water leaks. Always document the condition and report it to the property manager as soon as possible.

How can I request a copy of my crash report in Oregon?

You can obtain a crash report through the Oregon Department of Transportation or the police department that responded to your accident. Visit https://www.oregon.gov for instructions and forms. Be sure to provide accurate details, including the date and location of the crash.

What should I do if I get a low settlement offer?

You are not required to accept the first offer from an insurance company. If the amount seems too low or doesn’t cover your expenses, you can negotiate or hire an attorney to do so on your behalf. Insurance adjusters often start with lowball offers to protect their bottom line.

Can undocumented immigrants file personal injury claims?

Yes. Immigration status does not affect your right to seek compensation for injuries in Oregon. You can still file a claim, access the courts, and receive damages if you were harmed due to someone else’s negligence. Legal representation can help protect your rights throughout the process.

Do injury claims take a long time to resolve?

It depends on the complexity of the case. Minor claims may settle within a few months, but more serious injuries or disputed liability can take over a year. If a lawsuit is filed and goes to trial, the timeline may extend further. A lawyer can give you a better estimate based on your case.

Who pays for my medical bills if I was injured in a car accident?

In Oregon, Personal Injury Protection (PIP) is part of your auto insurance policy and pays for medical bills regardless of fault, up to a certain amount. After PIP is exhausted, the at-fault party’s insurance may be responsible for additional costs. If needed, you can also use your health insurance.

Are there any limits on pain and suffering damages in Oregon?

Oregon does not have a cap on most personal injury damages, including pain and suffering, except in certain medical malpractice cases. That means compensation for emotional distress, trauma, and loss of enjoyment of life can be significant, depending on the circumstances. Your attorney can help evaluate what your case may be worth.

What if my injury was caused by a defective product?

If a faulty or dangerous product caused your injury, you may have a product liability claim. This could involve defective auto parts, appliances, tools, or medications. Manufacturers, distributors, and retailers may all be held liable depending on the situation.