Legal Question in Civil Litigation in Oregon

Re: Exposed to Caustic fumes while incarcerated

I'd advise you to hire a lawyer to represent you as soon as possible. MOST lawyers would handle a case like yours on a contingency fee, which is just where the lawyer only gets a percentage of whatever money he or she can get for you. But in THIS area of the law, there are a lot of twists and turns.

One CRITICAL area you have to get dealt with quickly is your TORT CLAIM NOTICE. In Oregon, for a claim against the county government (and most other gov't bodies), you must give a special form of notice to a certain designated person at the county of your mere INTENT to make a claim against them, and this notice must be received by the proper person no later than 180 DAYS from the date of the incident! So, it's a very short timeline. Note that you need NOT file a lawsuit so quickly -- you are merely required to give them a certain type of notice within the period. If you don't, you'll probably be barred from bringing suit later, even though the actual Statute of Limitations for such claims in Oregon is TWO YEARS. THAT just means that if you have given proper notice, you have no later than two years from the date of the incident (ordinarily)within which to either file suit or settle the claim.

SO... I'd get in touch with an attorney who handles cases like that. I don't usually handle those, although I know an attorney here in Portland who does.

In the meantime, get well, and find out if your doctors connect whatever is wrong with you to this incident in the jail.

There's no guarantee you HAVE a case -- a lawyer will need to ask you more detailed questions. But, I would do it right away, just to stay on top of the timelines.

Best of luck to you!

Sam Hochberg

Attorney at Law