Oregon Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Oregon's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Oregon law.

Written by Daniel L. Simmons, J.D. · Last updated January 15, 2026

Fact-checked by the CourtDateCalculator.online legal editorial team. Reviewed for accuracy against Oregon Revised Statutes.

Table of Contents

  1. Overview of Oregon Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. Tolling and Exceptions
  12. Frequently Asked Questions

Overview of Oregon Statute of Limitations

Oregon's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Oregon Revised Statutes (ORS) Chapter 12 and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 180 days for claims against government entities to 6 years for contract disputes and property damage claims. Oregon is notable for applying the same 6-year limitations period to both written and oral contracts, which is longer than most states. Some claims, such as medical malpractice, have complex rules with discovery-based deadlines and ultimate repose periods.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Oregon broadly applies the discovery rule across many claim types. Always verify the applicable deadline with a qualified Oregon attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Oregon. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Oregon Code
Personal Injury 2 years ORS § 12.110
Wrongful Death 3 years ORS § 30.020
Breach of Written Contract 6 years ORS § 12.080
Breach of Oral Contract 6 years ORS § 12.080
Property Damage 6 years ORS § 12.080
Medical Malpractice 2 years from discovery / 3 years from injury ORS § 12.110(4)
Legal Malpractice 2 years from discovery / max 10 years ORS § 12.110
Fraud 2 years from discovery ORS § 12.110
Defamation (Libel/Slander) 1 year ORS § 12.120
Sexual Assault No limit (certain felony sex crimes) ORS § 12.108
Product Liability 2 years ORS § 12.110
Debt Collection (Written Contract) 6 years ORS § 12.080
Debt Collection (Oral Contract) 6 years ORS § 12.080
Claims Against Government 180 days (tort claim notice) ORS § 30.275
Childhood Sexual Abuse Age 40, or within 5 years of discovery ORS § 12.117

Important: This table provides general time limits for common civil claims in Oregon. Special rules may apply for claims involving minors, government entities, medical malpractice, products liability, and other specific situations. Always consult with a qualified Oregon attorney for advice on your particular case.

Personal Injury Claims in Oregon

Under ORS § 12.110, Oregon's statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

Oregon broadly applies the "discovery rule" to personal injury claims. Under this doctrine, the statute of limitations may not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. Oregon courts have applied the discovery rule in cases involving:

  • Toxic exposure and environmental contamination
  • Occupational diseases that develop over time
  • Latent injuries not immediately apparent
  • Medical malpractice (hidden injuries)

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under ORS § 12.160, the 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. However, there are important exceptions, particularly for medical malpractice claims involving minors.

Government claims exception: If your personal injury claim is against a government entity (city, county, state agency, or public school), you must file a tort claim notice within 180 days under the Oregon Tort Claims Act (ORS § 30.275). The regular 2-year deadline does not apply to government defendants.

Contract Disputes in Oregon

Oregon applies the same statute of limitations to both written and oral contracts, which is notably longer than most other states.

Written Contracts

Under ORS § 12.080, the statute of limitations for breach of a written contract is 6 years from the date the cause of action accrues (i.e., the date of the breach). This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. Oregon's 6-year period is significantly longer than the 4-year limit in many states.

Oral Contracts

Oregon also applies a 6-year statute of limitations to oral contracts under ORS § 12.080. Unlike many states that impose a shorter 2- or 3-year limit on oral agreements, Oregon treats oral and written contracts the same for limitations purposes. Oral contracts are enforceable in Oregon for most purposes, though certain types of agreements must be in writing under Oregon's Statute of Frauds (ORS § 41.580).

UCC Sales of Goods

For contracts involving the sale of goods, Oregon's version of the Uniform Commercial Code (ORS § 72.7250) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: The statute of limitations for contract claims in Oregon generally begins on the date the breach occurred, regardless of when the breach was discovered. However, Oregon courts have recognized limited exceptions where the discovery rule may apply to contract claims involving latent defects or fraud in the inducement.

Medical Malpractice in Oregon

Oregon's medical malpractice statute of limitations is governed by ORS § 12.110(4). The rules involve multiple overlapping deadlines:

Standard Deadline

The statute of limitations for medical malpractice claims is 2 years from the date the injury was discovered or reasonably should have been discovered. This is a discovery-based standard, meaning the clock does not necessarily start on the date of the negligent act.

Ultimate Repose Period

Regardless of when the injury was discovered, no medical malpractice claim may be filed more than 3 years after the date of the negligent act or omission. This is known as the "ultimate repose" period and serves as an absolute outer deadline.

Exceptions to the Repose Period

  • Foreign object: If a foreign object (such as a surgical instrument or sponge) was left in the patient's body, the claim may be filed within 2 years of the date the plaintiff discovered or should have discovered the object, even if more than 3 years have passed since the negligent act
  • Fraudulent concealment: If the healthcare provider fraudulently concealed the error, the statute of limitations may be tolled until the plaintiff discovered or should have discovered the claim
  • Minors: For medical malpractice claims involving a child under 18 years of age, special tolling rules apply under ORS § 12.160. The claim generally must be filed within 2 years of the child's 18th birthday, or the standard discovery-based deadline, whichever provides more time

10-Year Statute of Ultimate Repose

In addition to the 3-year repose period, Oregon imposes a 10-year statute of ultimate repose for certain medical malpractice claims under ORS § 12.110(4). No action may be commenced more than 10 years after the date of the act or omission alleged to constitute the malpractice, regardless of when the injury was discovered. This 10-year limit applies to claims involving latent injuries that do not manifest until years after the negligent act.

Warning: Medical malpractice cases in Oregon have complex, overlapping deadlines. The interplay between the 2-year discovery period, the 3-year repose period, and the 10-year ultimate repose can be difficult to navigate. Consult with an experienced Oregon medical malpractice attorney immediately if you believe you have a claim.

Property Damage Claims in Oregon

Under ORS § 12.080, the statute of limitations for property damage claims in Oregon is 6 years. This is one of the longer property damage limitations periods among U.S. states. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or environmental contamination), Oregon courts may apply the discovery rule, delaying the start of the limitations period until the damage was discovered or should have been discovered.

Note: Oregon's 6-year property damage deadline is notably longer than the 2- or 3-year limits in many other states. However, a statute of repose for construction claims (ORS § 12.135) may impose a 10-year absolute deadline for claims arising from the construction, alteration, or repair of improvements to real property.

Debt Collection in Oregon

The statute of limitations for debt collection in Oregon is relatively generous compared to other states, with a 6-year limit applying to most types of debt under ORS § 12.080.

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 6 years ORS § 12.080
Oral contract 6 years ORS § 12.080
Open-ended account (credit cards) 6 years ORS § 12.080
Auto loan deficiency 6 years ORS § 12.080
Promissory note 6 years ORS § 12.080

When Does the Clock Start?

For most debts in Oregon, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in Oregon. This is important because even a small payment on an old debt can reset the entire limitations period.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney.

Wrongful Death Claims in Oregon

Under ORS § 30.020, the statute of limitations for wrongful death claims in Oregon is 3 years from the date of the decedent's death. This is longer than the 2-year deadline in many states. A wrongful death claim arises when a person's death is caused by the wrongful act, neglect, or default of another.

Wrongful death claims in Oregon may be filed by the personal representative of the decedent's estate on behalf of the decedent's surviving spouse, children, stepchildren, parents, stepparents, or other dependents. The claim is brought as a single action for the benefit of all statutory beneficiaries.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence
  • Premises liability incidents (e.g., drowning, unsafe conditions)

Survival Actions

In addition to a wrongful death claim, Oregon allows a survival action under ORS § 12.110 to recover damages the decedent could have recovered had they survived (such as pain and suffering, medical expenses, and lost wages before death). The survival action is subject to the same 2-year statute of limitations as personal injury claims, which may differ from the 3-year wrongful death deadline.

Note: If the wrongful death claim is against a government entity, the 180-day tort claim notice deadline under the Oregon Tort Claims Act applies instead. This is a significantly shorter deadline that must be strictly followed.

Claims Against Government Entities in Oregon

Oregon imposes a significantly shorter deadline for claims against government entities under the Oregon Tort Claims Act (ORS § 30.275). The process requires filing a tort claim notice before initiating a lawsuit.

Tort Claim Notice Requirement

Under ORS § 30.275, you must provide written notice of your tort claim to the relevant government agency within 180 days (approximately 6 months) of the date the injury was discovered or reasonably should have been discovered. The notice must include:

  • The time, place, and circumstances of the loss or claim
  • The name of the government entity involved
  • A description of the injury or damage
  • The name and address of the claimant

This applies to claims against:

  • The State of Oregon
  • Cities and counties
  • Public school districts and universities
  • Public hospitals and transit authorities
  • Any other state or local government entity

Damage Caps

Oregon also imposes caps on damages recoverable against government entities. Under ORS § 30.271, the maximum recoverable amount against a public body is $2,000,000 for all claims arising out of a single injury or death. Claims against the state itself are capped at $2,000,000 as well.

Critical: Missing the 180-day tort claim notice deadline almost always permanently bars your claim against a government entity. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against a government entity, act immediately and consult with an Oregon attorney.

Criminal Statute of Limitations in Oregon

Criminal Statute of Limitations in Oregon

Oregon's criminal statute of limitations is governed by ORS §§ 131.125–131.155. The deadlines vary based on the severity of the offense:

Crimes with No Statute of Limitations

Oregon law permits prosecution at any time for the following offenses:

  • Aggravated murder
  • Murder
  • Attempted murder or aggravated murder
  • Conspiracy/solicitation to commit aggravated murder, murder, or any degree of manslaughter

Sexual Felonies (Extended Limits)

Oregon provides extended time limits for sexual felonies:

  • Rape 1st degree, Sodomy 1st degree, Unlawful sexual penetration 1st degree, Sexual abuse 1st degree: 12 years after crime, OR 12 years after first reported to law enforcement, OR before victim turns 30 (if under 18)
  • Rape 2nd/3rd degree, Sodomy 2nd/3rd degree, Sexual abuse 2nd degree, Strangulation, Criminal mistreatment 1st degree, Incest, Luring a minor: 6 years after crime, OR 12 years after first reported, OR before victim turns 30
  • Sexual abuse 3rd degree, Exhibiting obscene performance to minor, Displaying obscene materials to minors: 4 years after crime, OR 4 years after first reported, OR before victim turns 22

Statute of Limitations by Offense Level

Offense Type Statute of Limitations Legal Basis
Arson 6 years ORS § 131.125
Theft 1st degree / Aggravated theft 1st degree 6 years ORS § 131.125
Extortion 6 years ORS § 131.125
Robbery (1st, 2nd, 3rd degree) 6 years ORS § 131.125
Forgery 1st degree 6 years ORS § 131.125
Fraudulent use of credit card / Identity theft 6 years ORS § 131.125
Any other felony 3 years ORS § 131.125
Misdemeanors 2 years ORS § 131.125
Violations 6 months ORS § 131.125

Fraud and Public Office Misconduct (Extended)

  • Fraud / Breach of fiduciary obligation: 1 year from discovery, but not extended by more than 3 years
  • Misconduct in public office: Any time while defendant is in office/employed, or within 2 years after, but not extended by more than 3 years

When Does Criminal Prosecution Officially Begin?

Under ORS § 131.145, prosecution is considered officially commenced on the earliest of:

  • Indictment filed — A formal charge issued by a grand jury
  • Information filed — A formal charge filed by the prosecutor
  • Complaint filed — A sworn statement alleging criminal conduct

Challenging Expired Criminal Charges

If you believe the statute of limitations has expired, your defense attorney can file a motion to dismiss under Oregon Rules of Criminal Procedure.

Note: Oregon has eliminated the statute of limitations for murder, manslaughter, and conspiracy/solicitation to commit these crimes. For sexual felonies, Oregon uses a unique "whichever is longest" formula: years after crime, years after reporting, or before victim turns a certain age.

Tolling and Exceptions in Oregon

Under certain circumstances, Oregon law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at ORS § 12.160. The clock starts on the plaintiff's 18th birthday. However, there are exceptions for medical malpractice claims, where specific repose periods may limit the extension.

Mental Incapacity

If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues (e.g., due to mental illness or cognitive impairment), the statute of limitations may be tolled under ORS § 12.160 until the disability is removed.

Defendant's Absence from the State

Under ORS § 12.150, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted toward the limitations period.

Discovery Rule

Oregon broadly recognizes the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. Oregon courts apply this doctrine when the defendant took affirmative steps to conceal the wrongdoing.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting an Oregon attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

Oregon Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Oregon?
In Oregon, the statute of limitations for personal injury claims is 2 years from the date the injury occurred under ORS Section 12.110. This applies to car accidents, slip and fall cases, assault, dog bites, and other injury claims. Oregon broadly applies the discovery rule, meaning the clock may start when the injury was discovered or reasonably should have been discovered. If your claim is against a government entity, you must file a tort claim notice within 180 days under ORS Section 30.275.
What is the statute of limitations for medical malpractice in Oregon?
Under Oregon law (ORS Section 12.110(4)), the statute of limitations for medical malpractice is 2 years from the date the injury was discovered or reasonably should have been discovered, with a maximum of 3 years from the date of the negligent act (the ultimate repose period). Exceptions exist for foreign objects left in the body and fraudulent concealment. There is also a 10-year statute of ultimate repose for certain claims. Minors under 18 have extended deadlines under the tolling provisions of ORS Section 12.160.
What is the statute of limitations for breach of contract in Oregon?
In Oregon, the statute of limitations for breach of both written and oral contracts is 6 years under ORS Section 12.080. Oregon is notable for applying the same 6-year period to both written and oral contracts, which is longer than most states. The clock generally starts on the date the breach occurred. For contracts involving the sale of goods, the UCC provides a 4-year limit under ORS Section 72.7250.
What is the statute of limitations for debt collection in Oregon?
In Oregon, the statute of limitations for debt collection is 6 years for most types of debt, including written contracts, oral contracts, and open-ended accounts such as credit cards, under ORS Section 12.080. The clock typically starts from the date of the last payment or the date of default. Making a partial payment or acknowledging the debt in writing may restart the clock in Oregon.
How long do I have to file a claim against a government entity in Oregon?
Under the Oregon Tort Claims Act (ORS Section 30.275), you must provide written notice of your tort claim to the relevant government entity within 180 days (approximately 6 months) of the date the injury was discovered or reasonably should have been discovered. The notice must include the time, place, and circumstances of the loss, the name of the government entity, and a description of the injury. Missing the 180-day notice deadline generally bars your claim.
Can the statute of limitations be extended in Oregon?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor under 18, lacks mental capacity, if the defendant has left the state, or if the discovery rule applies. Oregon also recognizes fraudulent concealment as a basis for tolling. For childhood sexual abuse claims, ORS Section 12.117 provides extended deadlines. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with an attorney to determine if tolling applies to your case.
What is the statute of limitations for wrongful death in Oregon?
Under ORS Section 30.020, the statute of limitations for wrongful death claims in Oregon is 3 years from the date of the decedent's death. This is longer than the 2-year deadline in many states. The claim must be filed by the personal representative of the decedent's estate on behalf of surviving beneficiaries. If the wrongful death claim is against a government entity, the 180-day tort claim notice deadline applies instead.
What is the statute of limitations for childhood sexual abuse in Oregon?
Under ORS Section 12.117, victims of childhood sexual abuse in Oregon may file a lawsuit until the victim reaches age 40, or within 5 years of the date the person discovers that the injury was caused by the abuse, whichever is later. Additionally, ORS Section 12.108 eliminates the statute of limitations entirely for certain felony sex offenses, including sexual abuse of children, meaning charges can be filed at any time.
Does Oregon have a statute of repose?
Yes, Oregon has statutes of repose in several areas. For medical malpractice, ORS Section 12.110(4) imposes a 3-year ultimate repose period from the date of the negligent act, with a 10-year absolute bar for certain claims. For construction-related claims, ORS Section 12.135 imposes a 10-year statute of repose from the substantial completion of the construction. These are absolute deadlines that apply regardless of when the injury was discovered.
What is the criminal statute of limitations in Oregon?
Oregon has no statute of limitations for aggravated murder, murder, attempted murder, and conspiracy/solicitation to commit murder or manslaughter. Sexual felonies have extended limits (12 years or before victim turns 30). Property/financial felonies like arson, theft, robbery, forgery, and identity theft have a 6-year limit. Other felonies have a 3-year limit. Misdemeanors have a 2-year limit. Violations have a 6-month limit.
What happens if I miss the statute of limitations deadline in Oregon?
If you miss the deadline, the defendant can file a motion to dismiss, and the court will almost certainly dismiss your case permanently. Oregon courts strictly enforce these deadlines. Very few exceptions exist, so it is critical to file before the statute of limitations expires.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice, cases involving minors, and other specific situations. Always consult with a qualified Oregon attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.