tort claim notice
After a crash with a city vehicle on I-205 in Portland or a sheriff's SUV on Highway 22 near Salem, missing one piece of paperwork can cost you the whole case. Even when your injuries are real, your medical bills are rising, and the other driver may have been clearly at fault, a claim against a government body in Oregon can fall apart early if this notice is not handled on time.
A tort claim notice is the formal notice required before suing an Oregon public body, such as a city, county, school district, or state agency, for personal injury. Under the Oregon Tort Claims Act, an injured person usually must give notice within 180 days of the injury. That is separate from Oregon's normal 2-year statute of limitations for most injury lawsuits. In other words, you may still have time to file a lawsuit later, but lose the right to bring it if the notice deadline passes first.
This comes up in accidents involving police cars, city buses, road crews, or unsafe public property. The notice must generally identify the time, place, and circumstances of the incident and the people involved. If fault is disputed, Oregon's modified comparative fault rule still applies, meaning recovery can be reduced or barred if you are found 51% or more at fault. A late or defective notice can give the government a strong defense before the case ever reaches a jury.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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