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A claim involving a wrongful death must be filed within one year. You will have to read the Oregon Revised Statutes and write one yourself OR hire an attorney to do so for you. Notice of the claim must be filed within very specific time limits. Themins v. Emanuel Lutheran Charity Bd., 54 Or App 901, 637 P2d 155 (1981), Sup Ct review denied, Time extension for commencement for actions provided by ORS 12.160 applies to actions against public bodies. If a government employee or agency causes injury due to malfeasance in office or willful, wanton neglect of their duties (ORS 30.285(2)), these rules do not apply. Attorney, Terms of [1967 c.627 5; 1969 c.429 3; 1975 c.604 1a; 1975 c.609 14; 1977 c.823 3; 1979 c.284 64; 1981 c.350 1; 1993 c.500 4; 1993 c.515 1; 2001 c.601 1; 2001 c.621 89; 2005 c.684 2]. In Oregon, the time limit for submitting a notice of tort claim is 180 days from the date of your injury for injury claims. Highest customer reviews on one of the most highly-trusted product review platforms. If you'd like to retain Clark Law and Associates, LLC, of Portland for a case involving Tort Claim Notice, give our Portland office a call at (503) 238-1010. This one-year period begins to run either upon death or when the plaintiff knew or reasonably should have known that someone's negligence caused the death. McDonald v. CSD, 71 Or App 751, 694 P2d 569 (1984), Sup Ct review denied, This section does not violate equal protection by differentiating between governmental and private parties in statute of limitations. Kosikowski v. Bourne, 659 F2d 105 (1981), Where notice of claim required by this section was actually received by the proper official, notice was valid even though the letter used technically improper form of address. Page v. Cameron, 33 Or App 441, 576 P2d 837 (1978), Sup Ct review denied, Limitation period of this section barred damage action for death of dormitory resident where action was based on warranty of habitability theory which incorporated general standard of care. (5) Formal notice of claim shall be given by mail or personal delivery: (a) If the claim is against the state or an officer, employee or agent thereof, to the office of the Director of the Oregon Department of Administrative Services. Effective July 1, 2022 Wrongful Conviction Compensation View a list of current conviction compensation amounts. . Only share sensitive information on official, secure websites. 180 day notice Tort Claims- All public bodies, including state, local, and intergovernmental agencies, school districts, some hospitals, individuals and entities listed in ORS 30.260-30.300, must be given proper notice of a claim, in writing, within 180 days of the date of the occurrence.