A lawsuit in which you need to hold accountable one or more private entities or individuals is complex enough, including many potentially difficult hurdles. You face challenges related to the facts, the law, and the rules of procedure. A lawsuit where you need to hold a governmental entity accountable is even more complex, as it comes with its own special set of rules. Failure to follow these rules with precision can result in losing your opportunity to get justice entirely. Rather than face that risk, you should reach out to a skilled Oregon attorney who is familiar with Oregon Tort Claim matters.
Many cases may involve a combination of private and public actors who were negligent. This was the case in a catastrophic crash from 2020.
The accident, which occurred in South Salem, left one teenage girl dead. Police reports and evidence from the crash site revealed that the driver of the girl’s vehicle was speeding and ran a stop sign in the moments before the two-vehicle collision occurred.
However, investigations also revealed something more. The intersection where the crash occurred, according to a lawsuit the girl’s father filed on her behalf, lacked proper speed-limit signage, street lights, and warning signs alerting drivers of the impending stop sign.
Evidence also showed that the girl’s death was one of three major crashes at the intersection in just three years. Additionally, neighbors allegedly notified the city about the intersection’s dangerous condition and “urged the city to take action before someone else was killed,” according to the Statesman-Journal.
The city opted to settle the father’s case against it rather than proceed, agreeing to pay the father $133,000.
A scenario where you (or your loved one) is seriously injured because of a negligent driver and unreasonably hazardous road conditions is one example where taking civil action against a governmental entity is necessary. Whether it is this type of scenario, a situation where the negligent individual was a government employee, or governmental liability arising through some other way, it is essential to recognize that taking civil action against a government is not as simple as pursuing justice when the defendants are all private individuals or entities.
Notice of Claim
When a governmental defendant is involved, you must follow the procedures laid out in the Oregon Tort Claims Act. This statute spells the unique rules you must follow to bring a case against an arm of the government.
The process starts with what is called the “Notice of Claim.” The law imposes strict time limits for filing this notice with the government. If you do not meet this deadline, your case could be lost before making it to trial. In situations involving a fatality or fatalities, the law gives you one year to provide notice of your claim. In claims that do not include deaths, the deadline is 180 days. Additionally, be aware that the total time you have to give notice may be longer if you were hurt and unable to give notice. In those scenarios, you may have as many as 90 additional days to provide notice of your claim.
In addition to laying out the deadlines for providing notice, ORS Section 30.275 also specifies what can qualify as a valid notice. One way to satisfy the notice requirement is “formal notice.” A formal notice must contain specific details to be acceptable, including:
- (a)A statement that a claim for damages is or will be asserted against the public body or an officer, employee, or agent of the public body;
- (b)A description of the time, place, and circumstances giving rise to the claim, so far as known to the claimant; and
- (c)The name of the claimant and the mailing address to which correspondence concerning the claim may be sent.”
You can also satisfy the notice requirement through “actual notice,” which is “any communication by which any individual to whom notice may be given… or any person responsible for administering tort claims on behalf of the public body acquires actual knowledge of the time, place and circumstances giving rise to the claim.”
Furthermore, commencing “an action on the claim” within the appropriate timeframe can qualify as notice.
As you can tell if you peruse Section 30.275, pursuing a case against an arm of the government is a matter that contains many technicalities, details, complexities, and potential pitfalls that can trip up an unsuspecting person who has proceeded without skilled legal counsel. Rather than taking that kind of massive risk, it is much wiser to retain a knowledgeable attorney. The experienced Oregon wrongful death attorneys at Kaplan Law LLC have handled many cases where the evidence pointed to liability by a public entity. To learn more about how we can help, call (503) 226-3844 today or contact us online to schedule your free consultation.