What is the statute of limitations for personal injury claims in Oregon?

2 years from date of injury. Source: Or. Rev. Stat. § 12.110. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Oregon?

Oregon does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.

Does Oregon operate a no-fault auto insurance scheme?

Oregon applies partial no-fault provisions. Limited PIP-style first-party benefits may be required, but the underlying tort right is preserved.

How are settlements typically valued in Oregon?

Practitioners and adjusters in Oregon value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative — 51% bar) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.

Should I hire a Oregon attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Oregon's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Oregon personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · West

Personal injury in
Oregon.

By MyClaimWorth EditorialPublished 9 May 20267 min read

Oregon applies modified-51 comparative fault. The state's non-economic damages cap was struck down by the Oregon Supreme Court in Lakin v. Senco (1999) and has not been re-imposed.

Oregon operates modified-51 comparative negligence. The non-economic damages cap was held unconstitutional in Lakin v. Senco (1999) on jury-trial-right grounds. There is currently no statutory non-economic cap. PIP coverage applies to medical bills regardless of fault, with tort recovery available alongside.

★ statute of limitations

2 years from date of injury

Or. Rev. Stat. § 12.110

★ fault rule

Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

★ OR · key facts

What makes Oregon different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified-51% bar
2-year SOL
Non-econ cap struck down by Lakin v. Senco (1999)
Limited PIP no-fault layer

★ other US jurisdictions

Compare across United States.

How Oregon compares to its sibling jurisdictions in United States on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Oregon· you are here	Modified comparative — 51% bar	2 years from date of injury
Alabama (AL)	Pure contributory negligence	2 years from date of injury
Alaska (AK)	Pure comparative negligence	2 years from date of injury or discovery
Arizona (AZ)	Pure comparative negligence	2 years from date of injury
Arkansas (AR)	Modified comparative — 50% bar	3 years for personal injury; 2 years for medical malpractice
California (CA)	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)	Modified comparative — 50% bar	2 years for personal injury; 3 years for motor vehicle
Connecticut (CT)	Modified comparative — 51% bar	2 years from date of injury
Delaware (DE)	Modified comparative — 51% bar	2 years from date of injury
District of Columbia (DC)	Pure contributory negligence	3 years from date of injury
Florida (FL)	Modified comparative — 51% bar	2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)	Modified comparative — 50% bar	2 years from date of injury
Hawaii (HI)	Modified comparative — 51% bar	2 years from date of injury
Idaho (ID)	Modified comparative — 50% bar	2 years from date of injury
Illinois (IL)	Modified comparative — 51% bar	2 years from date of injury
Indiana (IN)	Modified comparative — 51% bar	2 years from date of injury
Iowa (IA)	Modified comparative — 51% bar	2 years from date of injury
Kansas (KS)	Modified comparative — 50% bar	2 years from date of injury
Kentucky (KY)	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)
Louisiana (LA)	Pure comparative negligence	1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Maine (ME)	Modified comparative — 50% bar	6 years for personal injury — longest in the US
Maryland (MD)	Pure contributory negligence	3 years from date of injury
Massachusetts (MA)	Modified comparative — 51% bar	3 years from date of injury
Michigan (MI)	Modified comparative — 51% bar	3 years from date of injury
Minnesota (MN)	Modified comparative — 51% bar	6 years for personal injury (uncommonly long); 4 years for medical malpractice
Mississippi (MS)	Pure comparative negligence	3 years from date of injury
Missouri (MO)	Pure comparative negligence	5 years for personal injury; 2 years for medical malpractice
Montana (MT)	Modified comparative — 51% bar	3 years from date of injury
Nebraska (NE)	Modified comparative — 50% bar	4 years for personal injury; 2 years for medical malpractice
Nevada (NV)	Modified comparative — 51% bar	2 years for personal injury; 3 years for medical malpractice
New Hampshire (NH)	Modified comparative — 51% bar	3 years from date of injury
New Jersey (NJ)	Modified comparative — 51% bar	2 years from date of injury
New Mexico (NM)	Pure comparative negligence	3 years from date of injury
New York (NY)	Pure comparative negligence	3 years for personal injury; 2 years 6 months for medical malpractice
North Carolina (NC)	Pure contributory negligence	3 years from date of injury
North Dakota (ND)	Modified comparative — 50% bar	6 years for personal injury; 2 years for medical malpractice
Ohio (OH)	Modified comparative — 51% bar	2 years from date of injury
Oklahoma (OK)	Modified comparative — 51% bar	2 years from date of injury
Pennsylvania (PA)	Modified comparative — 51% bar	2 years from date of injury
Rhode Island (RI)	Pure comparative negligence	3 years from date of injury
South Carolina (SC)	Modified comparative — 51% bar	3 years from date of injury
South Dakota (SD)	Pure comparative negligence	3 years from date of injury
Tennessee (TN)	Modified comparative — 50% bar	1 year from date of injury — among the shortest in the US
Texas (TX)	Modified comparative — 51% bar	2 years from date of injury
Utah (UT)	Modified comparative — 50% bar	4 years for personal injury; 2 years for medical malpractice
Vermont (VT)	Modified comparative — 51% bar	3 years from date of injury
Virginia (VA)	Pure contributory negligence	2 years from date of injury
Washington (WA)	Pure comparative negligence	3 years from date of injury
West Virginia (WV)	Modified comparative — 51% bar	2 years from date of injury
Wisconsin (WI)	Modified comparative — 51% bar	3 years from date of injury
Wyoming (WY)	Modified comparative — 51% bar	4 years from date of injury

★ OR · frequently asked

Common questions.

Common questions about personal injury claims in Oregon, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Oregon?
2 years from date of injury. Source: Or. Rev. Stat. § 12.110. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Oregon?
Modified comparative — 51% bar. Modified comparative — recovery barred at 51% claimant fault.
Are there caps on damages in Oregon?
Oregon does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.
Does Oregon operate a no-fault auto insurance scheme?
Oregon applies partial no-fault provisions. Limited PIP-style first-party benefits may be required, but the underlying tort right is preserved.
How are settlements typically valued in Oregon?
Practitioners and adjusters in Oregon value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative — 51% bar) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.
Should I hire a Oregon attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Oregon's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Oregon personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, inflation adjustment, and known limits.

★ standing authority

Sources we cite

Statute and authority documents underpinning every band on the site.

★ editorial note

This page summarises the Oregon statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Oregon. See /methodology, /sources, and /disclaimer.

Personal injury inOregon.

Personal injury in
Oregon.