Filing a Claim Under the Oregon Tort Claims Act

If you think a government employee or agency is responsible for your personal injury or property damage in Oregon, you can't usually just go to court and file a lawsuit over the matter. In line with a set of state laws known as the Oregon Tort Claims Act, you'll need to first file a "notice of claim" with the right government agency fairly soon after the incident that caused you harm.

So, if you're injured in a slip and fall accident in a state building, hit by a government vehicle, or harmed in any other way by a government employee's negligence in Oregon, here's what you need to know.

What Is the Oregon Tort Claims Act?

Every state is entitled to immunity from most kinds of lawsuits that might be filed against it. But every state has also passed laws that essentially act as partial "waivers" of this immunity, allowing citizens and residents to sue the government in certain situations (and subject to strict procedures).

A set of laws known as the Oregon Tort Claims Act allows claims for compensation to be made against the state and local government bodies, declaring that "every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties." (Oregon Rev. Stat. section 30.265.)

(Note: "tort" is just a legal term for a harmful action, including one that results in injury or damage to property.)

What Kinds of Claims Are Covered Under the Oregon Tort Claims Act?

With the Tort Claims Act's wide-ranging declaration that "every public body is subject to civil action" in Oregon, the kinds of incidents that might give rise to a claim are too numerous to list here, but the possibilities include:

• a traffic accident involving a government-owned vehicle
• a premises liability situation arising from unsafe property conditions
• medical malpractice committed by a health care professional who is employed by the government, and
• a county construction project that causes property damage.

Keep in mind that your claim might not be covered under the Oregon Tort Claims Act if certain other factors exist. For example, let's say you're a delivery driver and you're hit by a state government vehicle. Because your injuries happened while you were on the job, they're likely covered by workers' compensation, and you probably won't be able to make a claim under the OTCA.

Oregon's lawmakers have opened a pretty wide door when it comes to government liability for injuries and property damage, but claimants also need to follow a fairly strict set of procedural rules in order to qualify for compensation.

Filing the "Notice of Claim" Under the Oregon Tort Claims Act

The biggest procedural hurdle that claimants need to be aware of when they're trying to hold the government liable for injury or property damage is the Oregon Tort Claims Act's "notice of claim" requirement. Specifically, Oregon Rev. Stat. section 30.275 requires any claimant to provide, at minimum, the following information:

• a statement that a claim for compensation ("damages") is or will be asserted against the public agency or body
• a description of the time, place and circumstances giving rise to the claim, and
• the name of the claimant and the mailing address where correspondence concerning the claim may be sent.

One basis for the notice of claim requirement (and the filing deadlines we'll cover in the next section) is to give the government a chance to investigate the basis for your claim while evidence is still available and witnesses' memories are still fresh.

What's the Deadline for Filing a "Notice of Claim" Under the Oregon Tort Claims Act?

A notice of claim must be filed within very specific time limits:

• A notice of claim for personal injury and property damage must be filed within 180 days of the incident giving rise to the claim.
• A notice of claim involving a wrongful death must be filed within one year. of the deceased person's death.

The Tort Claims Act provides up to an additional 90 days (immediately following the injury) to get the notice of claim filed if the claimant is too injured or doesn't have the legal capacity to file their claim.

(Oregon Rev. Stat. section 30.275.)

Where Do I Send My "Notice of Claim" Under the Oregon Tort Claims Act?

The answer depends on whether your claim involves governmental negligence at the state or local level.

If the claim is against the state or an officer, the notice of claim should be sent to the office of the Director of the Oregon Department of Administrative Services.

If the claim is against a local public body, the claim should be sent to to any member of that governing body, or to any attorney designated as the governing body's general counsel.

(Oregon Rev. Stat. section 30.275.)

For example, the City of Portland offers detailed online instructions for filing claims against the city. The city also provides both a general liability claim form and a form for claims arising from auto accidents.

What If the Government Has "Actual Notice" of My Claim?

If you can prove that the right government agency or body had "actual notice" of your claim—meaning there's been some form of communication that would lead a reasonable person to conclude that a particular person intends to assert a claim against the agency or body—you might be able to skip the "notice of claim" step. But proving actual notice can be tough, so the best way to preserve your right to compensation is to get a "notice of claim" filed.

What Happens After the "Notice of Claim"?

The "notice of claim" simply lets the right agency or public body know that you intend to pursue legal action over harm that looks like it was caused by the government's negligence. It may help to think of the "notice of claim" as a prerequisite to filing a lawsuit against the government when you think its negligence has harmed you.

In some situations, the agency or body might investigate your claim and offer you an injury settlement. In other instances, you'll need to file a lawsuit in court if you want to get compensation from the government for your losses. That means:

• proving that the government was at fault for your injuries, and
• establishing the nature and extent of your losses.

Learn more about filing a personal injury lawsuit and get details on Oregon's personal injury laws.

Is There a Cap on Damages Under the Oregon Tort Claims Act?

Yes. The Oregon Tort Claims Act carves out three separate limits (or "caps") on the amount of compensation ("damages" in the language of the law) a claimant can receive in a:

• claim against the state of Oregon for injury or death (Oregon Rev. Stat. section 30.271)
• claim against a local government body in Oregon for injury or death (Oregon Rev. Stat. section 30.272), and
• claim for property damage against either the state or a local government body (Oregon Rev. Stat. section 30.273).

The cap changes on July 1 of each year, and is updated annually by the Oregon Office of the State Court Administrator (OSCA).

For claims on or after July 1, 2023, and before July 1, 2024, the caps are:

• $2,490,600 for a single claimant and $4,981,300 for multiple claimants arising from an incident resulting in injury or death, against the state
• $830,300 for single claimant and $1,660,400 for multiple claimants arising from an incident resulting in injury or death, against the a local government body, and
• $136,200 for a single claimant and $680,900 for multiple claimants arising from an incident resulting in property damage, against either the state or a local government body.

Getting Help With an Oregon Tort Claims Act Case

It's possible to handle a Oregon Tort Claims Act case on your own, especially the filing of the "notice of claim." But if you're not confident you can comply with the filing rules, or if it looks like things will need to proceed to the lawsuit phase, having an experienced Oregon lawyer on your side can be crucial to getting the best result. Learn more about when you need a lawyer for a personal injury claim, and get tips on finding the right injury lawyer.