[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/sovereign-immunity-and-the-oregon-tort-claims-act\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/sovereign-immunity-and-the-oregon-tort-claims-act\/","headline":"Sovereign Immunity and the Oregon Tort Claims Act","name":"Sovereign Immunity and the Oregon Tort Claims Act","description":"Filing an injury claim against the State of Oregon can be a challenge. Even if your claim is successful, if you have been injured in an accident in a state owned building or suffer harm due to the actions of a state employee acting in the scope of his or her duties, your compensation may...","datePublished":"2016-10-23","dateModified":"2026-01-27","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2016\/10\/Sovereign-Immunity-and-the-Oregon-Tort-Claims-Act.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2016\/10\/Sovereign-Immunity-and-the-Oregon-Tort-Claims-Act.jpg","height":370,"width":1200},"url":"https:\/\/www.rizklaw.com\/blog\/sovereign-immunity-and-the-oregon-tort-claims-act\/","about":["Legal News"],"wordCount":532,"articleBody":"Filing an injury claim against the State of Oregon can be a challenge.Even if your claim is successful, if you have been injured in an accident in a state owned building or suffer harm due to the actions of a state employee acting in the scope of his or her duties, your compensation may be limited.As with cases involving the Federal Government, the Oregon State Government is entitled to what is known as \u201csovereign immunity\u201d regarding matters of liability. Many of our laws are derived from British Common Law.Historically, under the doctrine of \u201csovereign immunity,\u201d you were not permitted to sue the king. In modern times, there is a general rule that you cannot sue the government, unless the government says you can, and every state has passed its own set of laws (referred to as a \u201cTort Claims Act\u201d).Liability Limits under the Oregon Tort Claims ActThe Oregon Tort Claims Act limits the types of lawsuits that may be filed against the state and the circumstances in which they can be brought.Under the Oregon Tort Claims Act, you may file a claim if:An injury or death was caused by a slip and fall or other forms of negligence where the government was at fault.You were injured in an auto accident due to the actions of a government employee who was carrying out his or her duties, or the vehicle was part of a ride sharing agreement.The actions of a government agency or employee damaged or destroyed your property.However, even though these categories of claims are generally covered, there are exceptions.For example, your claim will not be covered if, as an Oregon State employee, you were injured while performing the duties of your job.In that case, worker\u2019s compensation insurance applies to your injuries. You will also not be able to file a claim under the Oregon Tort Claims Act if it was determined that you were injured due to your own negligence.Time Limits with Filing a ClaimClaims against the State of Oregon must be filed within 180 days from the date of injury, which may be extended to one year in cases involving wrongful death.An injured or legally-incapacitated person may also be given an additional 90 days following the injury to file their claim.Limited\u00a0Monetary CompensationThe amount of monetary compensation available in a claim under the Oregon Tort Claims Act is the most significant limitation.As of July 1, 2016,\u00a0damage limits\u00a0in injury or death claims against the State of Oregon are limited to up to $2,073,600 for a single injured person and $4,147,100 for multiple persons injured in the same accident.In cases of severe injury or death, these limitations may be insufficient to cover extraordinary medical expenses, as with\u00a0Horton v OHSU.Hiring a licensed personal injury lawyer in Portland can be an important step if you are pursuing a damages claim. At Rizk Law, we charge no upfront fees if we agree to take on a personal injury case and it’s free to talk to a lawyer at our firm to help establish if you have a case.To learn more, we encourage you to call 503.245.5677."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Sovereign Immunity and the Oregon Tort Claims Act","item":"https:\/\/www.rizklaw.com\/blog\/sovereign-immunity-and-the-oregon-tort-claims-act\/#breadcrumbitem"}]}]