Understanding the Timeline for Personal Injury Lawsuits in Oregon

If you’ve been injured due to someone else’s negligence, navigating a personal injury lawsuit can feel overwhelming. Understanding the timeline of a personal injury case in Oregon can provide clarity and help you prepare for what lies ahead. Below, we’ll outline the key phases of a personal injury lawsuit in Oregon, breaking down how long each stage might take and what factors may influence the process.

1. Statute of Limitations

The statute of limitations is the first critical aspect to understand when considering a personal injury lawsuit. This is the legal time limit for filing a claim.

• Oregon’s general rule for personal injury cases gives you two years from the date of injury to file a lawsuit.
• For wrongful death lawsuits the general rule is that a lawsuit has to be filed within three years from the time of death.
• If the injury involves a government entity (like a slip and fall on public property), you may need to file a formal notice under the Oregon Tort Claims Act (OTCA) within 180 days of injury or the claim may be barred. If a formal notice of claim is made on a public agency within 180 days, the general statute of limitations rules still apply as to deadlines to file the lawsuit.

It’s vital to act within this window. Missing the deadline usually means losing your right to pursue compensation.

Key Factors That Can Impact This Stage:

• Disputes over when the injury was discovered (in cases of delayed symptoms or medical malpractice) May invoke a “discovery rule” that may possibly extend relevant deadlines.
• Exceptions like tolling, which may pause or extend the time limit under certain circumstances (e.g., injuries involving minors).
• It is not wise to rely on these potential exceptions or to delay in at least determining what deadlines a claim may be subject to.

By contacting an attorney promptly, you can ensure your case meets all filing deadlines.

2. Filing the Lawsuit

After confirming eligibility within the statute of limitations, the next step is filing the lawsuit – assuming there is either not time for pre-litigation settlement negotiations or if negotiations fail. This marks the formal start of your legal case.

• Your attorney will draft and file the complaint, which outlines the details of your claim and the compensation you’re seeking.
• The opposing party (defendant) will be served with the lawsuit and has a set period—typically 30 days in Oregon—to respond.

Timeframe for This Stage:

This phase can take a few weeks to a few months, depending on:

• The complexity of the case.
• How quickly the defendant responds.
• Coordination with your attorney and court schedules.
• Time may be taken to attempt settlement negotiations before filing a lawsuit.
• It may take significant amounts of time to gather information needed to evaluate a claim and/or attempt settlement negotiations – depending on the issues at hand and whether expert witnesses will need to render opinions regarding medical issues, accident reconstruction, etc.

3. Discovery Phase

Following the initial filings, both sides enter the discovery phase of the lawsuit, where evidence is exchanged. This is often the lengthiest part of a personal injury lawsuit.

Key Components of the Discovery Phase:

• Depositions: Both parties, witnesses, and experts provide sworn testimony.
• Requests for Admissions: Written requests may be exchanged between the parties asking them to admit or deny facts to narrow the scope of the dispute.
• Document Requests: Each side gathers medical records, insurance information, and other relevant documents.
• Subpoenas: At times, documents may need to be obtained from third parties via a subpoena.
• Defense Medical Examinations: In some cases the defense may be entitled to have the injured party interviewed and/or examined by a physician of their choosing.

How Long Does This Take?

The discovery phase typically lasts 6 months to a year. Factors that can prolong this stage include:

• Extensive medical evaluations or expert testimony.
• Delays in gathering or reviewing evidence.
• Disputes over the admissibility of certain materials.
• The volume of depositions that need to be taken.

4. Settlement Negotiations

Most personal injury cases are resolved before reaching trial through settlement negotiations. Settlement talks often run parallel to the discovery phase or occur shortly after its conclusion.

• Attorneys from both sides discuss potential compensation amounts.
• The process may involve mediation or arbitration to reach a middle ground.

Timeframe for Settlements:

Negotiations can vary widely. Some conclude in weeks, while others may take several months if the sides are far apart on terms.

Factors That Affect Settlement Timelines:

• The strength and clarity of the evidence.
• The willingness of both parties to negotiate.
• The complexity of damages, such as future medical expenses or loss of earning capacity.

Settling can save time and money, but if fair terms aren’t reached, the case proceeds to trial.

5. Trial

If the case doesn’t settle, it moves to trial, where a judge or jury decides the outcome. In most Oregon Circuit Courts, attempts are made to set trial dates within 10-18 months after the case was filed. This time frame will depend on the complexity of the case and the availability of a judge as well as the schedules of the lawyers and necessary witnesses.

What Happens During the Trial?

• Opening statements and examination of witnesses allow both sides to present their case.
• Evidence is reviewed, including medical records, police reports, and expert testimony.
• Closing arguments summarize the key points before the jury or judge delivers a verdict.

How Long Does a Trial Take?

Trials typically last a few days to several weeks. The timeline depends on:

• The complexity of the arguments and evidence.
• Court scheduling and the availability of all parties involved.
• The number of days in the week that trial is held – some courts are in session Monday through Friday, some fewer days during the week.

Trials also introduce a certain level of unpredictability, making settlement an attractive option for many.

6. Potential Appeals

If either party is dissatisfied with the trial outcome, they may file an appeal, potentially extending the process.

Appeals Process:

• The appealing party must file a notice within a prescribed timeframe, often 30 days from the verdict.
• The appellate court reviews the legal proceedings for errors but doesn’t re-examine facts or evidence.

Timeframe for Appeals:

Appeals can take years to resolve. Thankfully, most personal injury lawsuits don’t progress this far.

Review: Common Factors Influencing the Overall Timeline

While it’s helpful to understand each stage, keep in mind that every personal injury case is unique. Factors that may influence the timeline include:

• The complexity of the injury and determining liability.
• Availability of evidence and witnesses.
• The defendant’s approach (cooperative or resistant).
• The court’s current caseload.

Practical Tips for Navigating the Process

To minimize delays and ensure the strongest possible case, consider these practical steps:

1. Preserve Evidence: Create a list of medical providers you have seen, preserve any photos or videos of the accident scene or your injuries, and preserve any witness information you may have.
2. Statements: Consult with an attorney before consenting to be interviewed by the other side’s insurance company or representative. It is often not a good idea to give a statement without legal counsel. 
3. Beware of Social Media: It is best to not post anything about your legal claim on social media as the other side will request copies.
4. Act Quickly: Consult a personal injury attorney soon after the injury to protect your rights and preserve evidence.
5. Communicate with Your Attorney: Regular updates with your counsel keep your case on track and reduce misunderstandings.
6. Be Patient: Some delays are unavoidable, but staying informed helps manage expectations.

Final Thoughts

Navigating a personal injury lawsuit in Oregon can feel daunting, especially with the various steps and timelines involved. By understanding the process and working closely with an experienced attorney, you can confidently pursue the compensation you deserve while focusing on recovery. Remember, when in doubt, seek professional advice to guide you every step of the way. At WKD Law we offer a free consultation if you have an injury claim that we may assist with.