Oregon Statutes 147.345 – State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement
(1) The acceptance of an award made pursuant to ORS § 147.005 to 147.367 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.
Terms Used In Oregon Statutes 147.345
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dependent: A person dependent for support upon another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS § 147.005 to 147.367 as a result of the assailant’s commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.
(b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.
(c) Each separate payment of compensation under ORS § 147.005 to 147.367 creates a cause of action under this subsection.
(3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 § 20; 1987 c.770 § 8; 2001 c.371 § 1; 2012 c.81 § 20]
[1977 c.376 § 21; 2003 c.576 § 389; repealed by 2005 c.383 § 13]