Under both Oregon and Washington law, if you have a claim for injuries against a state or local governmental body or one of its employees, you must notify the governmental body prior to filing a lawsuit. A governmental body includes but is not limited to a state agency, a public school, a city, a county, the police, public clinics and hospitals, and public transportation carriers (e.g., TriMet, C-Tran, or Metro Transit). The idea behind this requirement is that the governmental body have adequate notice of your potential claims for damages. Most importantly, the failure to properly provide a tort claim notice or form to a governmental body is likely fatal to any claim for injury against it.
Oregon Tort Claim Notices – You must notify the public body of your intent to bring a lawsuit within 180 days of your injury. For wrongful death claims, notice must be given to the public body within one year of the injury. ORS 30.275.
Washington Tort Claim Form – Washington notice procedures are more complicated than those of Oregon. Generally, you must complete a standard tort claim form prior to bringing a lawsuit against the state or any local government agency. For claims against the state, the claim form must be submitted to the Washington Office of Risk Management prior to the expiration of the statute of limitations for the claim. For claims against a local government agency, the claim form must be submitted to the local government agency’s designated agent before the statute of limitations for each claim expires. RCW 4.96.020; RCW 4.92.100.
Federal and Tribal Tort Claim Notice Issues – If you were injured by a federal or tribal governmental body or one of its employees, different tort claim notice procedures may apply.
There are limited exceptions to the notice requirements discussed above. If you have been injured by a governmental body or one of its employees in Oregon or Washington, it is recommended that you contact a Shaw Law Group attorney for further information on the above-mentioned procedures.
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