In the state of Oregon, you must give proper Tort Claim Notice within 180 days under O.R.S. 30.275 to preserve your state law claims in relation to any governmental agent or employee.
Tort claim notice is important in Oregon Police Misconduct cases. Tort claim notice preserves your Oregon State law claims. If you fail to provide tort claim notice, you may still have Federal remedies available, provided you either settle or file your case within two years of the incident.
If you fail to provide tort claim notice within 180 days, you will lose your state law claims; therefore, your case is considerably less attractive for an attorney to accept on a contingency fee basis.
Some Oregon State claims are easier to prove than federal claims. There are causes of action available under Oregon State law that are not available under Federal law and vice versa. You can file Federal claims in Oregon State court and Oregon causes of action in Federal court, so it is best to preserve all potential claims that you may have.
Even if I am unwilling to accept your case on a contingency fee basis, I am usually willing to give proper tort claim notice on an hourly basis, so that you have time to find an attorney to handle your case.
If you'd like to retain Clark Law and Associates of Portland for a Tort Claim notice, give our Portland office a call.
Disclaimer: Legal information on this site is only for general purposes and may not be timely updated. Any information on this site is not a substitute for legal representation and application of the current laws to your case.