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Your Portland Personal Injury Attorney
Recovering from an injury in Portland means dealing with more than the injury itself: medical bills, missed work, and often a claim against an insurer whose interests do not line up with yours. Whether it happened on I-5, on the MAX line, in a downtown building, or somewhere else in Multnomah County, Oregon law sets specific rules for how long you have to act and how much your own share of fault can cost you.
NeedAnAttorney.net connects people injured in Portland with an attorney who handles personal injury cases in Multnomah County Circuit Court. Below is what Oregon law actually says about deadlines, shared fault, and the most common claim types.
What Oregon Law Says About Your Claim
The filing deadline. Most personal injury claims in Oregon must be filed within two years of the injury (ORS 12.110(1)). If the injured person was under 18 when the injury happened, that two-year clock is paused (tolled) while they are a minor, but the pause cannot extend the deadline more than five years, or more than one year past their 18th birthday, whichever comes first (ORS 12.160).
Shared fault. Oregon lets an injured person recover even if they were partly at fault, as long as their own fault was not greater than the combined fault of the people they are suing (ORS 31.600(1)). In practice that means recovery is barred once your share crosses 50%, and reduced in proportion below that.
If a government entity is involved. A claim against a city, county, transit agency (such as TriMet) or state agency has extra rules: written notice is generally due within 180 days of the injury, or within one year for a wrongful death claim, and the lawsuit itself must still be filed within two years (ORS 30.275(2), (9)). Missing the notice deadline can bar the claim even though the two-year window has not closed.
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Common Injury Claims in Portland
Car, bus and MAX-related crashes
Fault and the comparative-negligence rule above apply the same way whether the crash involved another driver, a TriMet bus, or the MAX light rail. If a public transit vehicle was involved, the government-notice rules described above apply.
Falls and unsafe property
A property owner who fails to fix or warn about a hazardous condition can be liable for a resulting fall. The same 50%-fault rule applies to reduce or bar recovery if the injured person also contributed to the fall.
Dog bites
Oregon’s strict-liability dog rule is narrower than many people expect: it applies only once a court has already determined a specific dog to be a “potentially dangerous dog,” and the dog then injures someone after that determination (ORS 609.115). For a dog with no such prior determination, a claim generally rests on ordinary negligence, showing the owner knew or should have known the dog was dangerous.
Injuries involving an intoxicated person
Oregon allows a claim against a bar, restaurant or social host that served alcohol to a visibly intoxicated person who then caused an injury, but only under a clear-and-convincing evidence standard, and only if the injured person gives the server notice within 180 days (or one year for a wrongful death claim) (ORS 471.565).
Wrongful death
A wrongful death claim in Oregon must generally be filed within three years of the death (ORS 30.020(1)). Unlike some states, Oregon’s wrongful death statute expressly allows recovery for the loss of the decedent’s society, companionship and services, alongside medical, funeral and pecuniary losses (ORS 30.020(2)).
What Insurance Adjusters Don't Tell You
What to expect from the insurance company
An adjuster’s incentive is to resolve the claim for as little as possible, and the first recorded statement is often where that starts. Questions are frequently framed to draw out answers that minimize the injury or shift blame toward the claimant. For a Portland claim, giving a full recorded statement before talking to an attorney is rarely a good idea.
Evidence that actually moves the needle
Photos from the scene, prompt medical treatment, consistent follow-up care, and a documented record of lost income and expenses tend to matter most. Any gap in treatment, or any inconsistency across what was told to police, doctors, and the insurer, becomes an opening the adjuster will use.
More Than One Driver, or No Insurance at All
When there’s no insurance to collect from
If the at-fault driver in a Portland crash has no insurance or not enough, the claimant’s own uninsured/underinsured motorist coverage, which Oregon requires insurers to offer, is usually the real path to compensation. It’s not automatic; the claim still has to be established, but this coverage exists for exactly this circumstance.
Crashes with multiple vehicles and multiple parties
Fault in a multi-vehicle crash can spread across several drivers, with Oregon’s comparative-fault rule (ORS 31.600) applying to each one individually. Determining the actual fault breakdown, and matching each share to the right insurance policy, is often the hardest part of resolving these cases.
Property Injuries, Wrongful Death, and What Comes Next
Fall and premises claims in Portland
Property owner notice, knowledge or reasonable knowledge of a hazard, is usually the central question in a fall claim here. The standard deadline and fault-reduction rule apply as they do for any injury claim (ORS 12.110(1), ORS 31.600), and maintenance records or prior complaints about the same hazard tend to be the strongest evidence.
Wrongful death, depending on the cause
Oregon’s three-year wrongful death window (ORS 30.020(1)) applies uniformly, but related deadlines can still stack: 180-day notice for a government-involved death (ORS 30.275), and a separate repose period for a death caused by a defective product (ORS 30.905).
The typical sequence after filing
Treatment and documentation, a demand letter, negotiation, and litigation if needed, in that general order. Most Portland claims settle, and representation tends to influence how that settlement compares to the claim’s real value.
What a Portland Claim Can Actually Recover
The categories behind a claim’s value
A Portland injury claim’s compensation generally draws from medical expenses, lost wages, reduced future earning capacity, pain and suffering, and property damage. Most of these are uncapped under Oregon law outside of government-entity claims.
Comparative fault, applied to a real number
A $65,000 claim, reduced for a 20% fault finding, comes to $52,000 (ORS 31.600); cross the 50% fault line and recovery disappears entirely. Insurers routinely open negotiations by arguing for a higher fault share than the facts support, knowing the stakes of that threshold.
Other Claim Types Worth Knowing About in Portland
Uber and Lyft crashes
Rideshare wrecks in Portland typically involve overlapping coverage. The rideshare company must maintain a policy protecting the driver, any passenger, and pedestrians hit while a ride is underway (ORS 742.520), while the driver’s personal insurer is allowed to carve out coverage for time spent driving for the app (ORS 742.520(1)(e)). Figuring out who actually pays takes real digging.
Motorcycle wrecks
Helmet use is mandatory for every Oregon motorcyclist (ORS 814.269). Riding without one doesn’t defeat a valid claim against an at-fault driver, but it hands the insurer a comparative-fault argument aimed at reducing what you recover.
Injuries from a defective product
Product-defect claims run on a different clock than most injury claims: two years from when the defect was discovered or should have been, capped at ten years from the product’s first purchase (ORS 30.905).
Abuse of an elderly or vulnerable adult
A vulnerable adult harmed by physical or financial abuse can sue under a statute built for deterrence: triple economic damages, triple noneconomic damages, and attorney fees (ORS 124.100), discoverable up to seven years out (ORS 124.130).
Workplace Claims and Brain/Spinal Injuries, Explained
Injuries suffered on the job
A workplace injury near Portland typically goes through workers’ compensation, since Oregon makes a covered employer’s liability exclusive of a separate lawsuit (ORS 656.018). That doesn’t close the door on every claim, though: a negligent third party outside the employment relationship can still be sued civilly while workers’ comp benefits continue (ORS 656.154).
Serious brain and spinal cord injuries
A brain or spinal cord injury claim follows the standard two-year window (ORS 12.110(1)), but the often-lasting effects on someone’s independence and ability to work mean these cases typically require substantially more medical documentation than an ordinary claim.
Connect with a Multnomah County personal injury attorney now.
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Starting The Personal Injury Attorney Oregon Portland Intake Process
If you were injured in Portland, the form on this page connects you with an attorney who handles personal injury cases in Multnomah County. There is no cost to use it and no obligation to hire the attorney you speak with.
Before that call, gather what you have: photos of the scene and your injuries, the police or incident report number, medical records and bills, and the names of anyone who saw what happened.
We also help people in Forest Grove, Tigard, and Canby find a local personal injury attorney. A related criminal defense case in Portland? Our Portland criminal defense page handles that separately, and the Oregon personal injury hub covers the rest of the state.
Where a Portland Case Is Heard
Personal injury lawsuits arising in Portland are filed in the Circuit Court of Multnomah County, the Fourth Judicial District, which has 38 circuit judges, more than any other district in Oregon (ORS 3.012(1)(d)). Most civil cases are heard at the downtown courthouse. An attorney who practices there regularly knows how the court’s civil docket is managed and what to expect on timing.
Frequently Asked Questions: Portland Personal Injury
How long do I have to file a personal injury claim in Portland?
Two years from the date of the injury for most claims (ORS 12.110(1)). If a government entity is involved, written notice is generally due much sooner, within 180 days (ORS 30.275).
What if I was partly at fault for my accident?
You can still recover as long as your own fault was not greater than the combined fault of the people you are suing (ORS 31.600). Your award is reduced by your percentage of fault, and barred once your share crosses 50%.
What if my accident involved a TriMet bus or MAX train?
Claims against a public transit agency follow the same rules as any government-entity claim: written notice is generally due within 180 days, and the lawsuit itself must be filed within two years (ORS 30.275).
Can I sue if I was bitten by a dog in Portland?
Possibly, but Oregon’s strict-liability rule for dog bites only applies if a court had already found that specific dog to be a “potentially dangerous dog” before the bite (ORS 609.115). Otherwise, a claim depends on showing the owner knew or should have known the dog was dangerous.
Can I sue a bar that overserved someone who then hurt me?
Oregon allows this kind of claim, but it requires clear and convincing evidence that the bar served a visibly intoxicated person, and notice to the bar within 180 days (or one year for a wrongful death claim) (ORS 471.565).
How long do surviving family members have to file a wrongful death claim?
Generally three years from the date of death (ORS 30.020(1)).
Can a family recover for loss of companionship in a wrongful death case?
Yes. Oregon’s wrongful death statute specifically allows recovery for loss of the decedent’s society, companionship and services, in addition to medical, funeral and other losses (ORS 30.020(2)).
What if I was a minor when I was injured?
The two-year filing deadline is paused while you are under 18, but the pause cannot extend your deadline more than five years, or more than one year past your 18th birthday, whichever happens first (ORS 12.160).
Where is my case heard if I was injured in Portland?
Multnomah County Circuit Court, the Fourth Judicial District (ORS 3.012).
Does it cost anything to talk to an attorney about my case?
Most personal injury attorneys offer a free initial consultation and work on a contingency fee, meaning you pay nothing unless you recover compensation. Confirm the fee arrangement before you hire anyone.
