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An experienced Portland wrongful death lawyer will investigate your loved one’s death to find out if someone else was at fault for their passing, and then help you recover money from the liable party for your loved one’s medical bills, funeral costs, loss of income, as well as the emotional distress of losing a loved one.
If your loved one died due to someone else’s wrongdoing or negligence, you may be able to file a wrongful death lawsuit against that person. In Oregon, the wrongful death claim is filed through the decedent’s estate, with the personal representative filing the claim for the benefit of all heirs-at-law. The lawyers at ELG Injury Lawyers can provide guidance regarding the wrongful death claims in Oregon; they can collect information, negotiate settlements, and/or litigate your case so that you can grieve and take care of each other.
Key Takeaways
- Wrongful death claims allow family members to seek compensation for both monetary (economic) and non-monetary (non-economic) damages resulting from the death of a family member due to someone else’s carelessness or malfeasance.
- It is important to hire a wrongful death lawyer with experience handling wrongful death cases, and therefore can handle all aspects of your case, including investigating your case, communicating with insurance adjusters, and negotiating to pursue a fair resolution based on the facts, damages, and available coverage.
- In Oregon, wrongful death claims are typically governed by strict time limits. Pursuant to ORS 30.020, families typically have three years to bring a wrongful death claim, but the exact deadline can depend on the circumstances. Some cases have much shorter deadlines, so it is prudent to contact an attorney as quickly as possible so you can take action to preserve your loved one’s rights.
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Click to CallUnderstanding Wrongful Death Claims in Portland
When a person or company’s negligence or wrongful action causes the death of another, a wrongful death claim may be filed on behalf of certain surviving family members. Wrongful death lawsuits are filed under tort law; this means that the person appointed to handle the deceased person’s estate generally files the lawsuit against the person or company believed to be responsible. In many jurisdictions, including Portland, OR, the lawsuit is based on the idea that the defendant caused harm to the plaintiff, which resulted in the plaintiff’s death. The person appointed to handle the estate may pursue compensation on behalf of qualifying family members, and when appropriate, the estate.
An important distinction exists regarding wrongful death lawsuits and other types of personal injury claims. Personal injury claims often involve injuries or harm to an individual who survives. However, wrongful death lawsuits deal with the untimely deaths of individuals. Regardless of whether you have a motor vehicle accident, medical malpractice, or a work-related incident involving a wrongful death, it is imperative to understand your rights and Oregon’s laws surrounding wrongful death claims in order to build a successful wrongful death lawsuit.
In addition to being able to recover for both economic and non-economic damages, there are limits in Oregon to certain non-economic damages in wrongful death cases to $500,000, but that limit does not apply to every type of compensation and may not control in every case. If you need help understanding what applies to your wrongful death claim, we will assist in explaining how the statutory limits apply.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal suit that may be brought against a person, business, or other party whose wrongful actions caused a person’s death. The lawsuit could be the result of many different types of acts or omissions, such as automobile accidents; medical malpractice; and accidents at work. Fatalities resulting from motor vehicles may include automobiles; motorcycles; bicycles; and pedestrians.
In healthcare wrongful death lawsuits, they are generally the result of negligence on the part of the treating physician or other medical personnel, for example, misdiagnosis; failure to perform surgery correctly, etc. Wrongful Death Lawsuits seek to make those who were responsible for the death financially liable for their actions, while also providing some type of monetary award to the decedent’s estate and/or his/her loved ones.
Who Can File a Wrongful Death Claim in Oregon?
In Oregon, the personal representative of the deceased’s estate has the ability to file a wrongful death claim; the court appoints a representative to manage the estate & pursue wrongful death claims on behalf of beneficiaries.
Depending on the case, compensation may be available for a surviving spouse, children, parents, step-children, step-parents, and other certain family members. It is very important that these family members work closely with an experienced wrongful death attorney so that they may make sure the claim for wrongful death is timely filed.
How a Portland Wrongful Death Lawyer Can Help
A Portland wrongful death lawyer serves as a resource to grieving families by helping them navigate the complexities of wrongful death law after a loved one has been wrongfully killed. The wrongful death lawyer will be responsible for being your advocate in negotiations with insurance companies and/or other parties, while also helping you navigate the claims process and understand your options on your journey to potentially pursuing benefits.
Legal Guidance
A qualified wrongful death attorney can help you protect your rights, understand your options, and navigate the process pertaining to your claim. It is the duty of the personal representative (appointed by the Court) to file the wrongful death action and address any other legal issues that may arise. A wrongful death attorney will provide you with the knowledge and experience needed to navigate this complex and arduous process.
The attorney is responsible for providing experienced advice on how to gather, preserve, and utilize evidence to build a strong wrongful death claim. Timing is also critical as it allows for the collection of important evidence and ultimately the presentation of a stronger wrongful death claim under Oregon law.
Investigating the Incident
Experienced wrongful death attorneys carry out diligent investigation in order to prove liability and create a strong case for their clients. Investigation typically includes collecting a wide variety of different forms of evidence (i.e., police reports; witness statements; expert testimony) in an effort to substantiate the client’s claim. The thoroughness of the attorney’s investigative efforts may demonstrate the negligent action(s) or wrongful conduct that resulted in the loss of life if evidence is identified. It is through this comprehensive investigation of all facets of each client’s case by the attorneys representing them that the liable parties may ultimately be held accountable.
Negotiating with Insurance Companies
Negotiations can be an integral part of getting appropriate compensation when there has been a wrongful death. The attorney advocates on behalf of their client when negotiating settlements. In doing so, they attempt to make certain that the amount of money received as compensation fairly represents the full scope of damages suffered by the family due to the wrongful death. Compensation can include qualifying medical expenses, funeral expenses, income, estate, and other monetary losses related to the wrongful death.
Through these negotiations, attorneys seek to obtain a fair settlement that may provide adequate compensation to the families of those who were wrongfully killed. In addition to advocating for their client’s best interests, attorneys also negotiate directly with the insurance company handling the claim of the party that is deemed responsible for causing their death.
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Types of Compensation in Wrongful Death Lawsuits
Wrongful death lawsuits allow surviving family members to pursue compensation for financial losses, the loss experienced, and other damages allowed under Oregon Law.
Compensation may be used to help families that are experiencing a loss from a wrongful death due to the financial strain it can put on them.
Economic Damages
Economic damages refer to the monetary costs associated with wrongful death claims; they include medical, funeral, and wage loss. Under Oregon law, Wrongful Death Claims provide for compensation to be made on behalf of these losses in order to avoid placing an undue financial burden on the family after losing a loved one.
Making a claim for economic damages may include assistance for families who have lost income and financial support the person would have likely provided, as well as certain financial losses suffered by the estate and surviving family.
Non-Economic Damages
Non-economic damages provide an avenue through which the more subjective (non-monetary) types of harm experienced by a family as a result of a wrongful death can be addressed. Compensation may include the pain and suffering the person experienced before death, loss of companionship, and the mental or emotional distress suffered due to the loss.
It is important to recognize that while quantifying non-economic damages may be difficult, it is critical to allow the family of the deceased individual to experience some measure of “justice” and to acknowledge the significant psychological/emotional toll a wrongful death will have on those individuals who survive. By pursuing non-economic damages, families are able to pursue additional forms of compensation beyond their purely economic losses.
Example of Notable Wrongful Death Case Results in Portland
Portland wrongful deaths have produced a number of notable verdicts and settlements which illustrate the need to seek justice through the legal process.
Verdicts and Settlements
Examples can illustrate why people need to be held accountable when they act negligently and why wrongful death suits help secure some measure of justice for the families of those who have died as a result of someone else’s negligence. In Groth v. Hyundai Precision & Industrial Co., an Oregon jury returned a substantial verdict in a wrongful death products-liability case involving a defective industrial lathe. This was a publicly reported case and was not an ELG result.
The Legal Process for Filing a Wrongful Death Claim
Filing a wrongful death claim is usually a long and complicated process that generally first needs to start with someone being legally appointed to handle the deceased person’s estate and pursue the claim on behalf of qualifying family members. As such, it is common for there to be a need for legal representation in order to help guide the family through this difficult and lengthy process.
Initial Consultation and Case Evaluation
The first step in a wrongful death lawsuit will usually begin by meeting for an initial consultation or evaluation of your case. In doing so, an attorney can explain the steps needed before the claim can move forward if no one has been appointed to handle the estate. The initial consultation is also where we will review your case, identify what preliminary information we need from you to move forward, and explain the next course of action.
We work to keep clients thoroughly informed regarding the status of their wrongful death claim. Therefore, you will receive updates as to whether Petitions/Motions were filed with the Probate Court.
Preparing and Filing the Claim
Legal assistance and/or representation can greatly enhance preparation and filing of an unjustified (wrongful) death lawsuit by providing the family with guidance through the complexities of the law and assisting in taking those actions needed to create a solid case.
Collecting evidence is critical in demonstrating how the negligent conduct was responsible for the decedent’s death. The type of evidence will include but may be limited to medical records, eyewitness statements, and all applicable documentation.
Litigation and Settlement Negotiations
Litigation and settlement negotiations are two of the most important phases within the wrongful death lawsuit process. The complexity of the wrongful death claim; collection of evidence to support the wrongful death claim; and negotiation strategies employed by counsel (the attorneys) may greatly affect how long it will take to resolve or settle the wrongful death claim. In many cases, wrongful death claims settle before trial, but Oregon typically requires court approval before a settlement becomes final.
Settlements allow families affected by wrongful deaths to achieve closure sooner than they would if the matter were to be litigated. Under Oregon law, settlement discussions may focus on the consideration of medical and funeral expenses, lost income, financial impact on family, loss of companionship, and other damages available. As such, the ultimate goal is to negotiate an equitable settlement which provides adequate compensation to the family for its loss. A qualified attorney advocates for his client’s interest throughout this litigation process to obtain justice for the family.
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Why Choose Our Law Firm for Your Wrongful Death Case?
Choosing an attorney to represent you in your wrongful death action is an important decision and can significantly impact how your case is resolved, this is due to these claims commonly involving complex facts, insurance and legal issues.
In addition to our long history of obtaining multi-million-dollar verdicts and settlements, we are committed to finding justice, developing the most viable claim possible, and pursuing all applicable damages available under Oregon Law.
Experienced Legal Team
At ELG Injury, our experienced wrongful death lawyers work diligently on each case by thoroughly investigating the circumstances surrounding a wrongful death. Through this process, they build strong cases that can be used to advocate on behalf of their clients when filing a wrongful death lawsuit.
Our wrongful death lawyers are committed to providing exceptional representation throughout every aspect of a wrongful death claim (from your first consultation through the resolution of your case) with the support of wrongful death lawyers.
Compassionate Client Support
We understand the physical as well as the emotional impact that an accidental wrongful death has on families. In addition to our legal representation of your family in the wrongful death claim, we strive to provide you with both compassionate client support and client advocacy through each step of the legal process, so you can rest assured your concerns are listened to, and your case is handled with the care and security that you deserve.
Our attorneys work tirelessly to advocate for our clients’ interests and strive to be understanding, maintaining clear communication while pursuing their wrongful death claim. Check out our reviews to see how our clients commend us for our follow-through and individualized support.
Common Types of Wrongful Death Cases We Handle
Our wrongful death attorneys handle many types of wrongful death claims; however, we have experience representing individuals in wrongful death claims related to automobile accidents, malpractice, as well as work-related accidents. We provide experienced wrongful death legal representation to our clients.
Motor Vehicle Accidents
Motor vehicle collisions are one of the most frequent causes of wrongful death lawsuits and frequently include car, motorcycle, and truck collisions. Frequently, motor vehicle collision wrongful death cases require specialized legal skills due to the frequency of negligence (such as intoxicated and/or distracted driving) in such cases. Our law firm has experience representing clients in wrongful death motor vehicle collision cases and holds responsible parties accountable for their actions.
Our law firm provides complete legal representation to grieving families whose loved ones were killed in a motor vehicle collision, including: gathering evidence; dealing with all insurance company interests; and pursuing financial compensation for your family’s loss for damages available under Oregon law.
Medical Malpractice
Medical malpractice is a major reason that wrongful death lawsuits occur. These types of cases arise from medical negligence committed by health care workers, including surgeons who commit errors during surgery, doctors who misdiagnose conditions and fail to administer proper treatment.
Surgical error can be as severe as operating on an area of the body where wasn’t intended to be operated on (wrong site) or leaving objects (like sponges) in your body after surgery. Misdiagnosis can also be so serious that it results in your receiving improper treatment; this type of action can result in harm that could have been avoided if the provider had made the correct diagnosis.
Workplace Accidents
Workplace accidents caused by unsafe working environments that result in serious injury or fatal consequences are typically handled through workers’ compensation as the main claim against the employer. Depending on the circumstances, your family may also have a claim against another person or company that contributed to the accident. Examples of unsafe working conditions would include lack of proper safety equipment, improper training, and malfunctioning machinery. Oregon employers generally have a legal duty to ensure a safe workplace and follow applicable Oregon workplace safety rules. This includes complying with all applicable laws and regulations established under the Occupational Safety and Health Administration (OSHA).
Negligence on the part of an employer, including disregard for applicable safety procedures/protocols, may result in devastating workplace accidents that lead to workers’ compensation benefits, and in some cases the family may also have a separate claim against another responsible person or company.
Statute of Limitations for Wrongful Death Claims in Oregon
The timing of when an individual can file a claim is very important. Failing to timely file or missing a notice deadline can prevent you from bringing a wrongful death claim, so it is important to figure out the proper deadline for your situation as soon as possible.
Filing Deadlines
In Oregon, many wrongful death claims have a deadline of three years, but the exact time limit depends on the specific circumstances and who may be responsible.. Because this statute of limitations limits how much time you have to gather evidence that supports your claim, it is important to act quickly to support your claim. In addition to being able to gather evidence to support your claim, failing to file a lawsuit within the applicable deadline can limit or completely prevent the family from recovering potential compensation. If a government agency or public employee may be responsible, shorter notice and deadlines could be applicable, so always act quickly to protect your rights.
This is why it’s so important to act promptly with regard to gathering evidence and filing your lawsuit. The sooner you take action regarding your wrongful death claim, the sooner you will be able to identify those at fault and begin the process of pursuing justice.
Importance of Timely Action
Timing is critical when filing wrongful death cases because it helps protect potential evidence, the credibility of the case, and allows the family to file an accurate claim. The sooner the family hires a reputable Portland wrongful death attorney, the sooner their claim(s) can be filed in a timely manner, and that all available documentation/evidence is gathered. Prompt action may also bolster the strength of the case, especially if the liable party has been charged criminally.
Acting quickly also allows families to have their legal rights protected and provides them with their best opportunity for receiving a fair verdict.
Even though this type of litigation can be very complicated and confusing, we understand that you can always contact us regarding your questions. Our experienced staff at ELG Injury Law is happy to assist you with every aspect of your claim. Don’t hesitate to ask us anything.
Frequently Asked Questions
What is a wrongful death claim?
A wrongful death claim is a type of lawsuit that may be available when someone dies because of another person’s or company’s negligence or wrongful conduct. The claim may allow eligible family members to pursue compensation from the party who may be legally responsible.
Who can file a wrongful death claim in Oregon?
The person appointed as the personal representative to handle the deceased loved one’s estate generally files the claim. Depending on the family circumstance, compensation may be available for children, parents, step-children, step-parents, a spouse, and certain other family members.
How long do I have to file a wrongful death claim in Oregon?
Three years from the incident is typically the deadline for filing a wrongful death claim in Oregon. Although shorter deadlines may apply in some situations. That’s why it is important to determine the correct deadline as soon as possible, as that time period is critical to ensure rights are protected.
What types of compensation can be claimed in a wrongful death lawsuit?
A wrongful death lawsuit may include compensation for economic damages (such as medical expenses, funeral expenses, and lost income) and non-economic damages (such as the deceased’s pain and suffering and/or loss of companionship). This type of compensation may help to address the financial impact of the incident and the emotional toll associated with losing a loved one.
Why should I hire a wrongful death lawyer?
It is beneficial to your case to hire a wrongful death lawyer because they can take the legal burden off of your family through professional legal advice, conduct a thorough investigation into your case, and negotiate effectively on your behalf with insurance companies to help obtain fair compensation for your loss.
