> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in Oregon

Under Oregon law, the time limit to bring a wrongful death claim is set by Or. Rev. Stat. § 12.110(1). This statute establishes a period of 2 years from the date of the decedent’s death. The clock begins running on the day the death occurs, and the claimant must file the lawsuit within that window or risk losing the right to recover. The statute may provide for certain exceptions, but the precise terms and any applicable tolling provisions are detailed in the official source. The worked example below demonstrates how the 2-year limitation applies to a typical scenario. To estimate a specific deadline, use the DocketMath calculator.

## Governing authority

In Oregon, the statute of limitations rule is set by **Or. Rev. Stat. § 12.110(1)**. The verified packet cites Or. Rev. Stat. § 12.110(1) (https://www.oregonlegislature.gov/bills_laws/ors/ors012.html).

## Deadline example

For a Oregon wrongful death limitations check, use the verified limitations period from the current rule packet: **2 years**. The authority packet cites Or. Rev. Stat. § 12.110(1) (https://www.oregonlegislature.gov/bills_laws/ors/ors012.html).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 2 years.
- The example deadline is **2026-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Under Oregon law, the time limit to bring a wrongful death claim is set by Or. Rev. Stat. § 12.110(1). This statute establishes a period of 2 years from the d

Wrongful Death Statute Of Limitations in Oregon

ANO-831 deepening pass (2026-04-29): per-claim raw_statute_text populated for all 14 claim_types from primary-source ORS chapters 12, 30, and 72 on oregonlegislature.gov (200 OK each, Mozilla UA). Two audit targets verified clean: legal_malpractice correctly cites § 12.110(1) (Oregon's PI-and-personal-rights default; Davies/Currey doctrine) — NOT a PI-misclassification fabrication. trespass correctly cites § 12.080(3) at 6 yr — NOT a PI-default fabrication. Both already verified at ANO-710 pass on 2026-04-24. All curly apostrophes preserved verbatim from oregonlegislature.gov source.

12.080 Action on certain contracts or liabilities. (1) An action upon a contract or liability, express or implied, excepting those mentioned in ORS 12.070, 12.110 and 12.135 and except as otherwise provided in ORS 72.7250; (2) An action upon a liability created by statute, other than a penalty or forfeiture, excepting those mentioned in ORS 12.110; (3) An action for waste or trespass upon or for interference with or injury to any interest of another in real property, excepting those mentioned in ORS 12.050, 12.060, 12.135, 12.137 and 273.241; or (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof, excepting an action mentioned in ORS 12.137; shall be commenced within six years.

(1) An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit.

An action for libel or slander shall be commenced within one year.

(4) An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered.

Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(3) An action for waste or trespass upon or for interference with or injury to any interest of another in real property, excepting those mentioned in ORS 12.050, 12.060, 12.135, 12.137 and 273.241; or (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof, excepting an action mentioned in ORS 12.137; shall be commenced within six years.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer. In no case may an action be commenced later than the earliest of: (a) Three years after the death of the decedent; or (b) The longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission causing the injury, including but not limited to the statutes of ultimate repose provided for in ORS 12.110 (4), 12.115, 12.135, 12.137 and 30.905.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

An action based on child sexual abuse or conduct allowing, permitting or encouraging child sexual abuse may be commenced at any time.

Judgment remedies for the child support award portion of a judgment, and any lump sum support award for child support, expire 35 years after the entry of the judgment that first establishes the support obligation.

Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.

An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit.

(2) An action against a person by a plaintiff who is not a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced before the earliest of: (a) The applicable period of limitation otherwise established by law; (b) Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure or residential structure; or (c) Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure.

Actions brought under this section must be commenced within one year after the discovery of the unlawful method, act or practice. Notwithstanding this limitation, if a prosecuting attorney filed a complaint to prevent, restrain or punish a violation of ORS 646.608, the complaint tolls the statute of limitations with respect to every private right of action under this section that is based in whole or in part on any matter set forth in the prosecuting attorney's complaint for the period of time in which the proceeding that the prosecuting attorney initiated is pending.

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

12.120 Action on escape; action for defamation. (1) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process; or ����� (2) An action for libel or slander shall be commenced within one year. [Amended by 1957 c.374 �2]

An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years

a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage

659A.875 Time limitations. (1) Except as provided in subsection (2) of this section: (a) A civil action under ORS 659A.885 alleging an unlawful employment practice other than a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820. (b) A civil action under ORS 659A.885 alleging a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced not later than five years after the occurrence of the alleged violation.

A civil action under ORS 659A.885 alleging an unlawful employment practice other than a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820.

659A.875 Time limitations. (1) Except as provided in subsection (2) of this section: (a) A civil action under ORS 659A.885 alleging an unlawful employment practice other than a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820.

intain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer. In no case may an action be commenced later than the earliest of: (a) Three years after the death of the decedent; or (b) The longest of any other period for commencing an action under a statute of

ORS 12.110(1) expressly embeds a discovery rule for fraud and deceit actions: the limitation commences only from discovery. Under Berry v. Branner, 245 Or 307 (1966), Oregon courts extended this discovery principle to all tort actions under ORS 12.010, so actions do not accrue until the plaintiff knew or reasonably should have known of the injury.

Oregon Supreme Court (Sept. 2025) confirmed Oregon's discovery rule framework, tracing it to Berry v. Branner, 245 Or 307 (1966) and ORS 12.110(1). The Court confirmed the rule means actions accrue when the plaintiff 'obtained knowledge, or reasonably should have obtained knowledge of the tort.' ORS 12.010 supplies the accrual definition that embeds the discovery rule for all tort statutes of limitation in ORS chapter 12.

An action brought under the Oregon Unlawful Trade Practices Act (ORS 646.605–646.652) by a private party must be commenced within one year. The clock runs from the discovery of the unlawful method, act, or practice.

Under Or. Rev. Stat. § 12.110(1), an action for assault, battery, false imprisonment, or any injury to the person or rights of another (not arising on contract and not specifically enumerated) must be commenced within two years. Fraud/deceit actions accrue at discovery. This covers general PI, negligence, premises liability, product liability, slip-and-fall, dog bite, assault/battery, false imprisonment.

Under Or. Rev. Stat. § 12.080(1), an action upon a contract or liability, express or implied (excluding certain enumerated PI actions), must be commenced within six years. Oregon courts treat breach of fiduciary duty as falling within this 'liability, express or implied' clause, yielding a 6-year SOL.

Under Or. Rev. Stat. § 646.638(6), private UTPA actions must be commenced within one year after the discovery of the unlawful method, act or practice. The SOL is tolled while a prosecuting attorney's complaint under § 646.608 is pending, as to private actions based on matters in that complaint.

Under Or. Rev. Stat. § 12.135, actions arising from construction, alteration, or repair of improvements to real property (or supervision/design/planning/surveying/architectural/engineering services therefor) — whether in contract, tort, or otherwise — must be commenced within the applicable SOL otherwise established by law, BUT in no event later than 10 years from the date of substantial completion or abandonment. The 10-year period is a statute of repose; the underlying SOL (typically 2yr PI or

Under ORS § 659A.875(1)(a), a civil action under § 659A.885 alleging an unlawful employment practice must be commenced within 1 year after the occurrence (subject to specific carve-outs in § 243.323, § 659A.030, § 659A.082, § 659A.112, § 659A.370) and to BOLI administrative tolling under § 659A.820.

In Oregon, a quasi-contract unjust enrichment or restitution claim centered on payment, expenses, or services uses the six-year period in Or. Rev. Stat. section 12.080(1) as the analogous limitations reference. Oregon courts frame unjust enrichment as equitable and subject to laches, so accrual and delay remain fact-specific; this receipt does not certify tort-grounded unjust enrichment theories.

An Oregon claim for breach of fiduciary duty is a non-contract injury to the rights of another within ORS 12.110(1) and must be commenced within two years. Under the Oregon Supreme Court's en banc decision in FDIC v. Smith, 328 Or 420, 432 (1999), breach-of-fiduciary-duty actions are governed by the same limitations provision that applies to negligence actions — ORS 12.110(1) — and are subject to the discovery rule, with the cause of action accruing when the plaintiff knew or in the exercise of 

An Oregon civil action arising from domestic-violence conduct — typically pleaded as assault, battery, intentional infliction of emotional distress, or other injury to the person — is subject to the general two-year statute of limitations at ORS 12.110(1). Oregon does not have a separate, claim-type-specific civil statute of limitations for domestic-violence claims. The exception at ORS 12.118 (unlimited period) applies only to claims constituting sexual assault of an adult; non-sexual-assault d

In Oregon, tortious interference with business relations is an intentional tort subject to the two-year statute of limitations under ORS § 12.110(1). The claim does not arise on contract and is not specially enumerated in ORS chapter 12, placing it within the § 12.110(1) catch-all for 'any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter.'

In Oregon, a prosecution for any misdemeanor (including Class A misdemeanors) must be commenced within two years after the commission of the crime under ORS § 131.125(8)(b). The accrual date is the date of commission of the offense per ORS § 131.145.

In Oregon, a civil action for common-law fraud or deceit must be commenced within two years of the discovery of the fraud or deceit under ORS § 12.110(1). The statutory discovery rule means the two-year period does not begin until the plaintiff discovers (or reasonably should discover) the fraudulent conduct.

Under ORS 18.180(5), judgment remedies for the child support award portion of an Oregon circuit court judgment expire 35 years after entry of the judgment that first establishes the support obligation. This carve-out overrides the general 10-year civil judgment period under ORS 18.180(3) and ORS 12.070. Modification may be initiated by the state child support agency after three years from the original order or last modification under ORS 25.287, or by any party upon a showing of substantial chan

Under ORS 12.117(1)(b), '[a]n action based on child sexual abuse or conduct allowing, permitting or encouraging child sexual abuse may be commenced at any time.' Oregon has eliminated the statute of limitations for civil claims arising from child sexual abuse. This no-limitation rule applies notwithstanding ORS 12.110, 12.115, and 12.160 (the general tort and personal injury limitation provisions). 'Child sexual abuse' is defined in ORS 12.117(2)(b) to include rape of a child (rape, sodomy, unla

Statute of limitations for personal injury in US-OR is 2 years under Or. Rev. Stat. § 12.110(1).

Statute of limitations for domestic violence civil claims in US-OR is 2 years under ORS 12.110(1).

Statute of limitations for state employment discrimination in US-OR is 1 years under Or. Rev. Stat. § 659A.875(1)(a).

Statute of limitations for insurance bad faith in US-OR is 2 years under ORS 12.110(1).

Statute of limitations for wrongful death in US-OR is 3 years under ORS 30.020.

Statute of limitations for medical malpractice in US-OR is 2 years under ORS 12.110.

Statute of limitations for legal malpractice in US-OR is 2 years under ORS 12.110.

Statute of limitations for product liability in US-OR is 2 years under ORS 30.905.

Statute of limitations for premises liability in US-OR is 2 years under ORS 12.110.

Statute of limitations for libel in US-OR is 1 year under ORS 12.120.

Statute of limitations for slander in US-OR is 1 year under ORS 12.120.

Statute of limitations for insurance bad faith in Oregon is 2 years under ORS 12.110(1), which governs actions for injury to the person or rights of another not arising on contract.

Statute of limitations for unjust enrichment restitution in US-OR is 6 years under Or. Rev. Stat. section 12.080(1).

28 U.S.C. § 2401(b) (FTCA) requires presenting an administrative claim within 2 years of accrual; if the agency denies the claim, suit must be filed within 6 months of mailing of the agency's denial notice; applies to FTCA claims filed in Oregon federal courts.

Under Or. Rev. Stat. § 12.080(3), an action for waste or trespass upon, or for interference with or injury to, any interest of another in real property must be commenced within six years.

Under Oregon's enactment of UCC § 2-725, Or. Rev. Stat. § 72.7250(1), an action for breach of any contract for sale — including a breach-of-warranty claim — must be commenced within four (4) years after the cause of action accrues; the parties may by original agreement shorten the period to not less than one year but may not extend it.

A whistleblower-retaliation claim in Oregon is an unlawful employment practice under ORS Chapter 659A; under ORS § 659A.875(1)(a), a civil action under ORS 659A.885 alleging such a practice must be commenced within one (1) year after the occurrence of the unlawful employment practice, unless a BOLI complaint has been timely filed under ORS 659A.820.

Oregon Supreme Court (Sept. 2025) confirmed Oregon's discovery rule framework, tracing it to Berry v. Branner, 245 Or 307 (1966) and ORS 12.110(1). Confirms discovery rule is embodied in ORS 12.110(1) and applied via ORS 12.010's accrual definition to all ORS chapter 12 tort limitation periods.

ORS 12.160 tolls all civil statutes of limitations for minor plaintiffs (under 18) for the duration of their minority, subject to two hard caps: (a) no more than 5 years total extension, or (b) no more than 1 year after the minor turns 18, whichever occurs first. Medical expense claims by a parent or guardian arising from the same wrongful act are tolled for the same period (§ 12.160(5)).

ORS 12.150 ('Suspension of running of statute by absence or concealment') tolls Oregon statutes of limitations when a defendant is absent from the state. Time of absence is excluded from the limitation period, for both pre-accrual and post-accrual departures.

ORS 12.150 expressly covers concealment within the state as a separate tolling trigger from absence. Both concealment and absence are governed by § 12.150 and the same rule applies: time of concealment is not counted toward the limitations period.

(1) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process; or (2) An action for libel or slander shall be commenced within one year.

An action for any cause not otherwise provided for shall be commenced within 10 years.

(1) In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of. (2) Nothing in this section shall be construed to extend any period of limitation otherwise established by law, including but not limited to the limitations established by ORS 12.110.

Suspension for minors and persons who have disabling mental condition.

If, when a cause of action accrues against any person, the person is out of the state and service cannot be made within the state or the person is concealed therein, such action may be commenced within the applicable period of limitation in this chapter after the return of the person into the state, or after the termination of the concealment of the person; and if, after a cause of action has accrued against a person, the person shall depart from and reside out of this state, or if the person is concealed therein, the time of the absence or concealment of the person shall not be deemed or taken as any part of the time limited for the commencement of such action.

ORS 12.150 ('Suspension of running of statute by absence or concealment') tolls Oregon statutes of limitations when a defendant is absent from the state or concealed. Time of absence or concealment is excluded from the limitation period. Applies both to pre-accrual absence (action may be commenced after return within the limitations period) and post-accrual departure (time away is not counted).

The ANO-710 deep research pass (2026-04-29) independently identified ORS 12.150 as the defendant-absence tolling statute, consistent with the 2026-06-29 direct fetch. Both sources confirm § 12.150 (not § 12.180) is the controlling statute for defendant absence in Oregon.

ORS 12.150 expressly covers concealment within the state ('the person is concealed therein') as a separate tolling trigger from absence. Both concealment and absence are governed by the same section and the same rule: the time of concealment is not counted toward the limitations period.

The ANO-710 deep research pass (2026-04-29) identified ORS 12.150 as governing both defendant absence and concealment, consistent with the 2026-06-29 direct fetch. Both sources confirm § 12.150 is the controlling statute.

Subject to subsection (2) of this section, if a person is entitled to bring an action mentioned in ORS 12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of action accrues the person is a child who is younger than 18 years of age, the statute of limitation for commencing the action is tolled for so long as the person is younger than 18 years of age.

Oregon Supreme Court (2021) confirmed the tolling and repose framework for minor plaintiffs under ORS chapter 12. The case shows ORS 12.160 as the operative tolling provision for child plaintiffs (referenced via ORS 12.110(4)'s notwithstanding clause that overrides § 12.160 for medical malpractice). Case law confirms § 12.160 is the sole minor-tolling provision in ORS chapter 12.

Wrongful Death Statute Of Limitations in Oregon

Current verified answer

Authority and key facts

Wrongful Death Statute Of Limitations in Oregon

Governing authority

Deadline example