Statute of Limitations for Assault and Battery (intentional tort) in Oregon

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Oregon, the statute of limitations for assault and battery based on an “intentional tort” is generally 2 years under ORS 12.110(1).

That 2-year clock is the baseline rule for most civil claims brought after a harmful assault or battery—whether the claim is framed as assault, battery, or another intentional act tort that fits Oregon’s civil limitations scheme. This page focuses on the civil statute of limitations (not criminal charging deadlines).

Note (non-legal advice): This is a general overview. If your situation involves a governmental entity, a contract claim, or a mixed set of facts (for example, intentional tort plus negligence), different limitation rules may apply.

Limitation period

Oregon’s general civil statute of limitations for certain tort actions is 2 years. The most frequently cited rule is ORS 12.110(1), which sets a 24-month limitations period for actions including injury to person caused by intentional tort and other listed grounds.

How the timing usually works in practice

• Start date (accrual): Oregon generally measures the limitations period from the time the claim accrues—often tied to when the injury occurs and the plaintiff can reasonably bring the claim.
• Deadline: Count forward 2 years from the accrual date, then compare with your filing date.
• Filing vs. service: In civil litigation, the relevant date is typically when the case is filed (service happens later). Court procedures can affect deadlines, so treating “filed by” as the safe target is usually the most practical approach.

Quick timeline example (2-year rule)

If you want to avoid an avoidable “late filing” problem, a practical first step is to work backward from your planned filing date and confirm whether you’re within the 2-year window under ORS 12.110(1).

Key exceptions

Oregon’s intentional-tort 2-year rule is an important starting point, but it is not the whole story. Certain circumstances can delay accrual, change the applicable rule, or alter the timing.

1) Accrual timing and discovery-related issues

In some situations, Oregon accrual principles can matter—particularly if the facts needed to bring the claim are not fully known right away. Depending on the claim and circumstances, accrual may be tied to when the plaintiff knew (or reasonably should have known) enough to pursue the claim.

What changes the output: If you can support that accrual should be delayed (for example, a hidden injury manifests later), then a strict “incident date to deadline” approach may not match the legal deadline.

2) Tolling (pausing or suspending the clock)

“Ongoing” disputes or delays can feel like they should stop the clock, but limitations periods generally require a recognized legal basis to toll. Tolling typically depends on specific statutory or legal doctrines—not just negotiations, medical treatment, or difficulty gathering evidence.

Pitfall to watch: Don’t assume sympathy-related factors automatically “extend” the deadline. If you’re close to the deadline, it’s safer to calculate based on the default rule and consult about whether a specific tolling argument is available.

3) Different claims can trigger different limitation statutes

Assault/battery facts can coexist with other causes of action, such as:

• Negligence claims (often subject to different Oregon limitations provisions)
• Statutory claims (each statute can have its own time limit)
• Contract-based claims (also often governed by different rules)

Practical takeaway: Your theory of the case matters. Even if the same incident gives rise to multiple claims, the limitations period can differ from one theory to another.

4) Minors or other protected statuses (disability-type concepts)

Oregon may apply special rules when the plaintiff is a minor (or in other protected circumstances). Those rules can extend the time to file beyond the standard 2-year period, depending on the plaintiff’s status and the way Oregon’s tolling/limitations framework applies.

Because these situations turn heavily on the specific facts, it’s especially important to verify how the timeline applies to your status and claim.

Statute citation

• ORS 12.110(1) — Oregon’s 2-year (24-month) statute of limitations for many civil actions, including actions for injury to person caused by intentional tort and other listed grounds.

Use the calculator

You can use DocketMath to compute the “file by” deadline in a consistent way using Oregon’s rules.

Tool link (primary)

• /tools/statute-of-limitations (use DocketMath to calculate your Oregon deadline)

What to input

DocketMath typically guides you through selecting the appropriate statute by using options that map to the underlying claim category. For Oregon assault/battery (intentional tort), you’ll generally be prompted to enter:

• Jurisdiction: US-OR
• Claim type: **Assault / Battery (intentional tort)
• Start date: the date your claim accrues (or the incident date if that’s the assumption you’re using for the accrual estimate)

How outputs change

• Changing the start date changes the deadline. Even a shift of days (e.g., 30–60 days) in the start/accrual date typically shifts the resulting filing deadline by the same general amount.
• Choosing a different claim type can change the result. If you select negligence (rather than intentional tort), or another claim category, DocketMath may apply a different statute and produce a different deadline.

Example workflow (2-year intentional-tort model)

1. Select **Oregon (US-OR)
2. Choose **assault/battery (intentional tort)
3. Enter your accrual/incident date (e.g., 2024-01-15)
4. Review the resulting 2-year “file by” deadline (e.g., 2026-01-15)

Warning (gentle disclaimer): A calculator can’t determine legal issues like delayed discovery or tolling automatically from facts you haven’t entered. If accrual or tolling is in dispute, use DocketMath to model timelines, but verify the legal assumptions that drive the start date.

Sources and references

Start with the primary authority for Oregon and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Or. Rev. Stat. § 12.010

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator