Today, the law allows people injured by careless or reckless acts of public employees and officials to sue the government in a tort claim, just as they would sue a private person in a personal injury action. However, claims against a state or local government must comply with the Oregon Tort Claims Act’s procedural rules. These procedural rules require claimants to meet certain requirements to file a lawsuit against a government entity to recover compensation for injuries caused by the negligence of a public agency, official, or employee.
What Is the Oregon Tort Claims Act?
The Oregon Tort Claims Act governs how individuals may sue public entities and officials in Oregon for tort claims. Under the doctrine of sovereign immunity, the state of Oregon has immunity from civil tort lawsuits. The Tort Claims Act waives the government’s immunity, allowing people to pursue tort claims against the government if they meet certain criteria. Among these requirements, a person with a tort claim must give the government notice of the claim before filing a lawsuit in court.
What Is a Tort Claim Notice?
Under O.R.S. § 30.275, a person with an injury claim against a government agency or one of its officials in their official capacity must provide the agency with notice of the claim within 180 days of their injury. However, if an injury results in death, the person’s family or representatives must provide notice of a wrongful death claim within one year of the injury. After a claimant provides notice, they still must file their lawsuit against the government within the applicable statute of limitations.
A tort claim notice advises the government of an injury claim, allowing it to investigate the claim and extend a settlement offer that avoids additional litigation costs in a personal injury or wrongful death lawsuit.
The Tort Claims Act typically requires a claimant to provide the appropriate government agency with written notice of the claim, submitted by tracked mail or personal delivery. However, communications that put the appropriate government officials on notice of a tort claim can also satisfy the Act’s notice requirement.
The Deadlines You Cannot Miss
A plaintiff filing a tort claim against a local or state entity or official in Oregon must prove they satisfied the notice requirements under the Tort Claims Act. Courts enforce these requirements strictly, requiring a claimant to show they met or substantially complied with their obligations. A claimant who fails to provide the government with sufficient notice of their tort claim could face serious consequences to their legal rights.
What Happens If You Miss Deadlines?
If you miss the notice deadline under the Tort Claims Act, a court can dismiss your injury lawsuit against the government, no matter how strong a claim you may have. A court will excuse a failure to submit a written notice of claim only if the government has actual knowledge of the claim by the end of the notice period. Furthermore, the notice requirement does not apply to claimants who were minors when their injury occurred.
Contact Our Firm Today After an Accident Involving Government Employees or Property
After you get hurt in an accident caused by a public employee’s or official’s negligence, you may have the right to pursue a claim against the government for compensation. Contact Wayne A. Lamb Law today for an initial consultation with a personal injury attorney to learn more about the Tort Claims Act’s notice requirements and get help ensuring you follow the procedural rules for pursuing legal action against a state or local government in Oregon.