Federal State and Municipal Tort Claims

Tort claims against government entities have specials sets of rules, including short timelines for notifying the offending government unit. Our experience can help.

Tort claims against government entities have specials sets of rules, including short timelines for notifying the offending government unit. Our experience can help.

If a case involves for example negligent federal parole or probation supervision you might have an action against the Federal Bureau of Prisons or the Parole and Probation office and there is a claim notice which must be filed within 2 years. It is important to consult with a lawyer before completing this notice as your ultimate recovery may be unnecessarily limited if the form is not completed correctly.

Similarly the Oregon Tort Claims Act provides for a very short filing period after the time of the incident or the time at which it is determined that you reasonably should have known that an Oregon government agency or its employee caused you harm or injury.

If you do not file your Tort Claims notice within this short time period you may be forever barred from receiving any compensation from the State of Oregon, a county, or other governmental district. This applies whether the wrongful conduct is either intentional or negligent.

This short time period can be a trap for the unwary.

Claims in Washington against a governmental entity also require that a special tort claims notice be filed. The time periods for filing in Washington are different from Oregon and it is best to consult a lawyer knowledgeable in the claim filing requirements for the place where you were harmed.

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Police, judges and prosecutors are usually immune from suit if the claim is for failing to protect against crime. It is important to consult with a lawyer as soon as possible after you have been harmed to determine your rights.