Oregon law has a statute of limitations that only allows two years for a person who has been injured in an accident to file a lawsuit. The two-year clock starts ticking on the date the person was actually injured. It’s imperative, if you have received personal injuries in an accident, to file a lawsuit within this timeframe; otherwise, you will not have a case and you will not be able to recover any monies in a lawsuit.
Economic Damages and Types of Damage Caps on Personal Injury Cases
The Oregon Tort Claims Act has placed limitations on the financial recovery allowed for personal injuries if the claim is filed against the state of Oregon. The amount varies depending upon when the injuries actually occurred. You cannot receive more than $1.8 million dollars if your injuries occurred during the timeframe of July 1, 2012 to July 1, 2013; however, this amount increases to cap out at $4 million dollars if your injuries occur during the timeframe of July 1, 2014 and July 1, 2015. Your Portland personal injury lawyer at Savage Law will provide you with additional information concerning cap increases and timeframes.
It is also important to note that the amount of monies you will be able to recover, even in a jury trial, depends upon the percentage you are considered to be at fault. If you are considered to be 10 percent at fault, then your financial damages will be reduced by that amount.
In a wrongful death claim, the Oregon Tort Claims Act has placed a cap of $500,000 on the amount that can be awarded for pain and suffering. This is in addition to the amount that can be recovered for other damages.
Your Best Defense in Personal Injury Cases
Savage Law Firm’s expertise concerning the law, and the statute of limitations, will alleviate the stress of negotiating with the insurance companies, and ensure that you are fairly represented if your case does go to court. Contact us today.