Statutes of limitations. What are they? These are the big scary deadlines….THE DEADLINES…. you need to pay attention to if you have any intention of filing a lawsuit over a dispute. Every type of case has a statute of limitation (SOL). Every state is different. If you plan to consult a lawyer to assist you in your case, do so well in advance of the statute so the lawyer has time to review your case and prepare accordingly. Many lawyers will not take a case 6 months to a year before a statute runs!
You start the clock running on your SOL when the incident occurred (the car accident, breach of contract etc.) Occasionally, there will be events that might toll (pause) a statute and extend your time to file (minor children or when the harm was discovered vs when it occurred).
Better safe than sorry on this one. Consult a lawyer sooner rather than later, because you may be working up against the clock on your claim!
In a personal injury case (negligence, car accidents, premises cases, slip and falls, dog bites, etc), you have 2 years in Oregon to resolve your case or file it before it’s gone for good. In Washington, you have 3 years. Other states vary. UIM (underinsured motorist) SOLs are different. In OR, UIM has a 2 year statute. In WA, it’s usually 6, though you always want to read your policy! A big problem I see sometimes is when people call about a WA case that has a 3 year statute, but they live in OR and have an OR policy, which likely means a 2 year statute of limitations on the UIM claim! If you call me after 2 years to look at your WA case, you might have already missed your OR statute on the UIM part if the at fault is underinsured!
For minor’s claims, you have longer. In Oregon, the statute is tolled for a minor until they are 19, but never more than 5 years. So if a 16 year old is injured in a crash, they would have until their 19th birthday to file suit. ORS 12.160
In WA, for minors, the statute is 3 years after they turn 18. To litigate or settle a claim in WA for a minor child, a guardian ad litem needs to be appointed as the minor doesn’t have capacity to litigate or settle their own claim without the approval of a court appointed SGAL to review the conditions of settlement.