Time Limitations for Construction Accident Lawsuits in Oregon
A lawsuit for a construction injury is a civil lawsuit with the primary goal of recouping losses from the accident. Oregon law allows some time for you to determine how you want to proceed, but this time is not unlimited. When you have had a construction injury, you need the guidance of an experienced Portland construction accident lawyer. At Paulson Coletti, we have decades of combined experience supporting injury victims and seeking the compensation they deserve.
What Are Time Limitations for Personal Injury Cases?
When discussing time limitations in the legal field, this most often refers to the statute of limitations. With few exceptions, there is a statute of limitations for pressing charges in a criminal case or filing a lawsuit in a civil case. In Oregon, the Oregon Revised Statute 12.120 states that personal injury cases have a two-year statute of limitations. This means that the victim has two years from the date of the accident or discovery of the injury to file a lawsuit in court. This seems like plenty of time to decide, but there are several steps to a case before you decide to file a lawsuit.
What May Affect When or If You File a Lawsuit?
You may not immediately file a lawsuit when you are injured in a construction accident. Often, this starts as an insurance claim that you will try to negotiate before taking the case to court. It takes time to build a convincing case for negotiations or that you feel may win in a lawsuit. During the investigation process, an attorney may try to do some of the following:
- Gather medical records
- Review police reports and witness statements
- Recover photos or videos that may have seen the injury
- Interview others who were on the site at the time of the injury
- Do a walkthrough of the site
Sometimes, your attorney may suggest you complete all medical care prior to beginning negotiations. This can allow time to determine a long-term prognosis and allow you to predict any future medical needs. This investigation and treatment time may take months out of your time, making it crucial to begin the process as soon as possible.
Handling the Negotiation Timeline in a Construction Accident Claim
When you have gathered your evidence and your attorney is satisfied with the investigation, you may begin to negotiate with the insurance company. These negotiations can take time to do appropriately and can be affected by the closing of the statute of limitations. If you have a strong case and the other party is confident you are willing to take the case to court, it can help you get a fairer offer closer to the end of the two years. If the insurance company does not believe you will take a case to court, they may attempt to ride out the clock to get you to agree to an offer lower than you deserve.
Generally speaking, they do not want to take a case to court unless they are very confident they can win and walk away without paying damages. Taking a case to court adds unpredictability to the ultimate payout amount and is costly in attorney fees. When you work with a Paulson Coletti attorney, we are experienced and confident in taking your cases to trial if that’s what it takes to collect fair compensation.