Personal Injury Lawsuit in Oregon
Filing a personal injury lawsuit in Oregon is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$15,000 – $65,000
Avg Settlement
Lawsuit Steps in Oregon
Hire an Attorney
Most personal injury attorneys in Oregon work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Oregon court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Oregon court rules.
Key Oregon Law Facts
Oregon uses modified comparative fault under ORS § 31.600 with a 51% bar — if the plaintiff is found 51% or more at fault, all recovery is barred; awards for lesser fault percentages are reduced proportionally based on the plaintiff's assigned share of responsibility.
Personal injury lawsuits must be filed within 2 years from the date of injury or discovery under ORS § 12.110; claims against public bodies require a timely notice of claim under ORS § 30.275 within 180 days of the injury for most governmental tort claims.
Oregon does not require no-fault personal injury protection insurance as a mandatory auto insurance component, though PIP is available as optional coverage; Oregon operates as a traditional at-fault tort state for auto accident injury claims.