What Is the Statute of Limitations for Wrongful Death in Oregon?
In Oregon, the statute of limitations for wrongful death is generally 3 years under ORS § 30.020.
Wrongful death Deadlines in Oregon
How long do you have to file a wrongful death claim in Oregon?
In Oregon, the statute of limitations for wrongful death is generally 3 years under ORS § 30.020.
When does the clock start for wrongful death in Oregon?
Three years from when the fatal injury was discovered or reasonably should have been discovered.
Can the Oregon deadline for wrongful death be extended?
Kambury v. DaimlerChrysler (2002): for a death caused by a product defect, ORS 30.905 supersedes this section. For a death from medical malpractice, the three-year wrongful death period applies rather than the two-year malpractice period. Van Wormer v. City of Salem upheld a two-year period for government-inflicted deaths.
Is the deadline different if the claim is against the government in Oregon?
Often, yes. Notice of claim within 180 days under ORS § 30.275. The Oregon Tort Claims Act requires notice of claim to the public body within 180 days of the alleged loss or injury, and within one year for wrongful death. Notice is a condition precedent to suit. The Act also caps damages. URL points at ch. 12 and should be…
How does Oregon compare to other states for wrongful death?
Oregon's 3 years is among the longest in the country. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Oregon:
