A Claim Against the Government
ORS 30.275 — notice within 180 days, or one year for a death, and suit within two years
No action arising from an act or omission of an Oregon public body, or of its officer, employee or agent, may be maintained unless notice of claim is given within the time the section sets.
Who handles this in Oregon: legal aid programs, lawyer referral and the state offices, listed in the Oregon directory.
| The claim | Notice within |
|---|---|
| The claimWrongful death | Notice withinOne year after the alleged loss or injury |
| The claimEvery other claim | Notice within180 days after the alleged loss or injury |
The time does not include up to 90 days during which the injured person is unable to give notice because of the injury, or because of minority, incompetency or other incapacity.
- A formal written notice stating that a claim is or will be asserted, the time, place and circumstances so far as known, and the claimant's name and mailing address.
- Actual notice: any communication by which a person who may receive notice, or who administers tort claims for the public body, learns the time, place and circumstances.
- Starting an action on the claim within the notice period.
- Payment of all or part of the claim by or for the public body.
Formal notice goes by mail or personal delivery. For the state, it goes to the office of the Director of the Oregon Department of Administrative Services; for a local public body, to its principal administrative office, a member of its governing body, or an attorney designated as its general counsel.
Two years to sue. An action arising from an act or omission of a public body, or of its officer, employee or agent, is commenced within two years after the alleged loss or injury, except as a few listed sections provide.
Whether a body is a public body under the act, whether an immunity applies, and whether notice was given in time are questions for a licensed Oregon attorney.
Sources for this section (1)
- ORS 30.275 — Notice of claim
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.