Portland, OR asked in Personal Injury for Oregon

Q: How long do I have to file a personal injury claim?

Walking in neighborhood and caught the toe of my shoe on a piece of sidewalk that has raised up. Broken wrist and surgery followed. This was 3/21/23.

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2 Lawyer Answers
Brad  Holbrook
Brad Holbrook
  • Newberg, OR
  • Licensed in Oregon

A: Most claims for negligence in Oregon must be filed within two (2) years of the accident. So, you should file the complaint in court by 3/21/2025; however, you would want to resolve this claim much sooner. You also should consult with a lawyer about your rights and options. If this matter involves a city or state, you will need to file a tort claim notice within 180 days. This notice apprises the agency of potential lawsuit so they can resolve it without incurring additional expenses. The sidewalk liability is somethng you need to determine, some cities like Portland, have a city charter that affects the liability for maintaning sidewalks. I wish you the best moving forward with this claim. I am glad that you are seeking answers now. I hope your wrist surgery went well and you experience a full recovery.

Jina Ly Clark
Jina Ly Clark
  • Portland, OR
  • Licensed in Oregon

A: You did not state what city the injury happened. In Portland, the homeowner or business is responsible for maintaining the sidewalk in front of their home or business. They should have either business or homeowners insurance. Be sure to get some photos of the sidewalk that you tripped on. Hopefully, you had a witness who helped you obtain prompt medical attention.

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