Most victims do not consider filing a lawsuit after a car accident. Instead, many car accident victims tend to follow the societal trend of settling the matter with the car insurance companies. However, in certain situations, the car insurance company will not give a reasonable payout unless there is a lawsuit.
If the victim is seeking a lawsuit, then they must adhere to the statute of limitations for their state.
The statute of limitations is a time period after the accident that the victim may file a lawsuit. If this time period has passed, then the victim is barred from filing the lawsuit. Once barred, the victim cannot collect the damages from the defendant, and the car insurance company will not settle.
Under Oregon Revised Statutes Section 12.110, the victim of a car accident has two years from the date of the accident to file suit. It is imperative that the victim remembers when the date of the accident occurred. If the two years pass before the victim files a lawsuit, then the defendant will not have to pay anything to the victim whatsoever.
An exception applies where the victims dies from the accident. In those wrongful death cases, the victim's family members have three years to file suit against the defendant. Per Oregon Revised Statutes Section 30.020, the victim’s family has three years from the date of the underlying injury (i.e. the date of the accident).
If you are interested in filing a car accident lawsuit, you should talk to a personal injury lawyer as soon as possible. The longer you wait, you will have a higher risk of missing the filing deadline and will have a harder time gathering evidence. Time is very important in court proceedings.
Last Modified: 03-18-2015 04:23 PM PDTLaw Library Disclaimer
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