If you are injured due to the negligence of a public entity or employee in Oregon, pursuing a claim for compensation isn’t as straightforward as a typical personal injury case. In these situations, a tort claim notice must be properly and timely filed before a claim or a lawsuit can proceed. Failing to comply with this critical step could mean losing your right to bring a claim entirely.
In this article, we’ll review what a tort claim notice is, why it matters, and the key deadlines you need to know under Oregon law.
What Is a Tort Claim Notice?
A Tort Claim Notice is a formal written notice required under the Oregon Tort Claims Act (OTCA) when you intend to bring a claim for damages against a public body (such as a city, county, school district, or state agency) or its employees. This requirement is designed to give the public entity an opportunity to investigate and potentially resolve the claim before litigation begins. It is also designed to limit the exposure of public entities by reducing the time available to pursue a claim.
Who Must File One?
If you are injured by the actions of a government agency or employee in Oregon—such as in a motor vehicle accident with a city bus, a slip and fall on government property, or due to negligent medical care at a state hospital—you may be required to serve a tort claim notice. If you are not sure the entity or party responsible for your injury is public, the best practice is to serve them with a tort claim notice to avoid not being able to pursue the claim later for failure to provide notice.
Deadline to File
The deadlines to file a tort claim notice in Oregon are strict:
- 180 days from the date of injury for most personal injury claims.
- One year if the injury results in wrongful death.
- Minors and individuals with mental incapacity may have additional time (generally up to 90 days), but prompt action is always advised.
These deadlines are not the same as the statute of limitations for filing a lawsuit—they are much shorter. While it is true that in Oregon you usually have 2 years to resolve a personal injury claim or file a lawsuit, missing the shorter tort claim notice deadline may completely bar you from pursuing that claim.
What Must the Notice Include?
The notice must be in writing and generally include:
- The claimant’s name and address
- A statement of your intent now, or in the near future, to assert a claim
- The time and place of the incident
- A brief description of the circumstances
- The nature of the injury or loss
- The public entity or employee involved
The notice must be delivered to the appropriate official—often the Attorney General, local city attorney, or risk management office—in person or by mail (certified is best).
Why Legal Help Matters
Oregon’s tort claim rules are complex and unforgiving. Mistakes in how or when the notice is filed can cost you your right to compensation. If you believe you have a claim against a public entity, consult an experienced personal injury attorney right away to ensure your rights are protected. Even if you believe the time to file a tort claim notice has expired, an experienced attorney might be able to find alternative paths, such as actual notice, to assist you.
Final Thoughts
Navigating a personal injury claim is already difficult—doing so against a government agency adds another layer of legal complexity. At Shlesinger & deVilleneuve Attorneys, P.C., we know Oregon’s tort claim procedures inside and out. If you’ve been injured and think a government entity might be responsible, don’t wait. Contact us today for a free consultation, and let us fight for you