Hurt, wronged, or owed money
THINKING ABOUT SUING
What Oregon law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for an injury to a person
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
An action for assault, battery, false imprisonment, or any other injury to the person not arising on a contract and not listed elsewhere in the chapter has to be commenced within two years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
6 years
Suing for taking or injuring personal property
- From
- The claim arising, except where another section sets a different limit
An action for taking or injuring personal property has to be commenced within six years, the same period as an action on a contract or a liability created by statute.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Suing on a contract
- From
- The claim arising
An action on a contract or liability, express or implied, must be commenced within six years, unless another section sets a different limit.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
6 years
Suing on a contract
- From
- The claim arising
An action on a contract or liability, express or implied, must be commenced within six years, unless another section sets a different limit.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Oregon guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
180 days
Notice of a claim against a public body
- From
- The alleged loss or injury
Notice of claim is given within 180 days after the alleged loss or injury, or within one year for wrongful death, not counting up to 90 days the injured person could not give it because of the injury or an incapacity. Without it no action on the claim may be maintained.
Step 2
2 years
Suing a public body
- From
- The alleged loss or injury
An action arising from an act or omission of a public body, or of its officer, employee or agent, is commenced within two years after the alleged loss or injury, except as a few listed sections provide.
SMALL CLAIMS COURT
The limit in Oregon
Up to $10,000, and a claim of $750 or less is brought there
ORS 46.405 — required up to $750, allowed up to $10,000
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Oregon attorney.