Legal Question in Personal Injury in Oregon

wrongful death

My daughter's father was shot and killed by Federal Park Rangers. I was notified by Child Support Division 8 months later, case closed due to deceased. I have tried to retain an attorney to file a suit for wrongful death, but the statute of limitations in wrongful death is 6 months. How is it possible to file a suit against The Federal Parks Service for the $28,000.00 in arrears child support that my daughter will never get now. Also, I beleive that his death was so wrongful, no weapon, no criminal history. They cleared the rangers of all wrong doing within a month of the shooting.


Asked on 8/20/07, 9:36 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: wrongful death

The statute of limitations for wrongful death in Oregon, where a government actor is responsible for the death, is two years. There is indeed a requirement under Oregon's Tort Claim Notice law that you provide merely a specified form of NOTICE (of your INTENT to make a claim)to the agency involved, within six months, of your intent to make a claim. In the case of wrongful death, however, that is a ONE YEAR period, not six months. Sounds like you've been given some incorrect advice.

Depending on the reason and manner of this death, the Tort Claims Notice law may not even apply, if the claim can be brought successfully under the Federal Civil Rights laws, which do NOT necessarily require anything like racial discrimination. So, you may in fact still have options. Your daughter is the one who might have a claim, since you were evidently not related to her father at the time of his death.

So sorry to hear of this tragedy. You can call our office if you'd like to discuss this further. Best of luck to you,

Sam

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Answered on 8/21/07, 4:11 pm


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