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Beaverton Wrongful Death Lawyer

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Have you recently experienced the devastating loss of a loved one due to someone else’s negligence or wrongdoing?

Contact our Beaverton office today for a free consultation with our compassionate and knowledgeable wrongful death lawyers. Let us guide you through the legal process and help you seek the justice and closure you and your family deserve. Remember, time is of the essence, so don’t delay in taking action.

wrongful death

Types of Wrongful Death Cases

Wrongful death cases can encompass a variety of situations, and the specific circumstances can vary widely. It describes a situation in which a person’s death is caused by the negligent, reckless, intentional, or wrongful actions of another party.

When someone dies as a result of another person or entity’s misconduct or negligence, the surviving family members or beneficiaries may have the right to pursue a wrongful death lawsuit.

Accidents are the fourth most common cause of wrongful death in Oregon. [1]

Here are some common types of wrongful death cases:

  • Aviation Accidents:
    Wrongful death cases stemming from aviation accidents involve fatalities resulting from airplane crashes, helicopter accidents, or other incidents involving aircraft. These cases may involve negligence on the part of pilots, air traffic controllers, maintenance crews, aircraft manufacturers, or other parties responsible for air travel safety.
  • Car Accidents:
    Car accidents are a leading cause of wrongful death, with fatalities occurring due to collisions between motor vehicles. These accidents may result from various factors, including speeding, reckless driving, distracted driving, drunk driving, or defective vehicle components. In 2021, Oregon had 599 fatal traffic accidents, according to the Oregon Traffic Crash Summary. [2]
  • Criminal Activity:
    Wrongful death cases involving criminal activity occur when individuals lose their lives as a result of violent crimes, such as assault, homicide, robbery, or domestic violence. Surviving family members may pursue civil litigation against the perpetrator or other liable parties for their loved one’s death.
  • Defective Products:
    Wrongful death cases related to defective products involve fatalities caused by dangerous or defective consumer goods, such as defective automobiles, appliances, medical devices, or children’s toys. Product liability laws hold manufacturers, distributors, and sellers accountable for injuries and deaths resulting from product defects.
  • Dangerous Drugs:
    Wrongful death cases stemming from dangerous drugs involve fatalities caused by adverse reactions, overdoses, or complications associated with prescription medications or over-the-counter drugs. Pharmaceutical companies may be held liable for failing to adequately warn consumers of the risks associated with their products.
  • Intentional Acts:
    Wrongful death cases resulting from intentional acts involve fatalities caused by deliberate actions, such as homicide, assault, or battery. Surviving family members may seek compensation through civil lawsuits against the responsible parties for their intentional wrongdoing.
  • Medical Malpractice:
    Wrongful death cases involving medical malpractice occur when patients die as a result of negligent or substandard medical care provided by healthcare professionals, including doctors, nurses, surgeons, or hospitals. Medical errors, misdiagnoses, surgical mistakes, or medication errors may lead to fatal outcomes and legal liability.
  • Nursing Home Negligence:
    Wrongful death cases related to nursing home negligence involve fatalities resulting from neglect or abuse of elderly residents in nursing homes or long-term care facilities. Negligent supervision, inadequate medical care, physical abuse, or neglect of basic needs may contribute to resident deaths.
  • Premises Liability:
    Wrongful death cases involving premises liability occur when individuals die as a result of hazardous conditions or negligent maintenance on someone else’s property. Examples of premises liability include slip-and-fall accidents, drownings, electrocutions, or structural failures on residential, commercial, or public premises.
  • Workplace Accidents:
    Wrongful death cases stemming from workplace accidents involve fatalities occurring in the course of employment, such as construction accidents, industrial accidents, or occupational exposures to hazardous substances. Employers may be held liable for failing to provide a safe work environment or proper training to prevent accidents and fatalities.
Types of Wrongful Death Cases

Who Can File a Claim for Wrongful Death?

In Beaverton, Oregon, the individuals eligible to file a wrongful death claim are outlined under Oregon’s wrongful death statute (ORS 30.020). [3] According to Oregon law, the following parties may have the right to bring a wrongful death claim:

  • Spouse: The surviving spouse of the deceased is typically the primary beneficiary and has the right to file a wrongful death claim.
  • Children: Minor children, adult children, and adopted children of the deceased may have the right to file a wrongful death claim, either individually or collectively.
  • Parents: If there is no surviving spouse or children, the parents of the deceased may have the right to file a wrongful death claim under certain circumstances.
  • Personal Representative of the Estate: In cases where the deceased did not leave a surviving spouse, children, or parents, or if they are unable or unwilling to pursue legal action, the personal representative or executor of the deceased’s estate may file a wrongful death claim on behalf of the estate and its beneficiaries.

Oregon law does not extend the right to file a wrongful death claim to other family members, such as siblings, grandparents, or domestic partners unless they are appointed as the personal representative of the estate. 

Who Can File a Claim for Wrongful Death?

Compensatory Damages for Victims of Wrongful Death

Compensatory damages for victims of wrongful death are intended to provide financial compensation to the surviving family members or beneficiaries for the losses they have suffered due to the death of a loved one caused by someone else’s wrongful actions or negligence.

These damages are meant to help ease the economic and non-economic burdens that result from the death. Compensatory damages in wrongful death cases may include:

  • Funeral and Burial Expenses: Compensation may be awarded to cover the costs associated with the deceased’s funeral arrangements, including funeral services, burial or cremation expenses, casket or urn costs, cemetery plots, headstones, and related expenses.
  • Lost Income: Surviving family members may be entitled to compensation for the financial support they would have received from the deceased if they had survived. This may include lost wages, salary, bonuses, benefits, retirement contributions, and other forms of income the deceased would have provided to their dependents.
  • Medical Expenses: Compensation may be awarded to reimburse the surviving family members for any medical expenses incurred prior to the deceased’s death as a result of the wrongful act or negligence that caused the fatal injury or illness.
  • Loss of Consortium: Loss of consortium refers to the deprivation of the benefits and companionship that the spouse would have enjoyed if the deceased had survived. This may include the loss of the deceased’s love, affection, guidance, support, companionship, and household services.
  • Pain and Suffering: Compensation may be awarded to compensate surviving family members for the physical pain, mental anguish, emotional distress, and suffering endured by the deceased as a result of the wrongful act or negligence that led to their death.
  • Punitive Damages: In some cases, punitive damages may be awarded in addition to compensatory damages to punish the defendant for egregious conduct and deter similar misconduct in the future. Punitive damages are intended to hold the defendant accountable for their actions and send a message that such behavior will not be tolerated.

These compensatory damages aim to provide financial support and relief to surviving family members who have suffered losses and hardships due to the wrongful death of their loved one. While no amount of money can fully compensate for the loss of a family member, compensatory damages can help alleviate the financial burdens and emotional distress associated with the loss and provide a sense of justice for the survivors.

Compensatory Damages for Victims of Wrongful Death

Statute of Limitations for Wrongful Death Cases in Beaverton

In Beaverton, the Statute of Limitations for filing a wrongful death claim is three years from the date of the fatal injury, not the date of death. This means that the lawsuit must be filed within three years of the injury that ultimately led to the victim’s death. However, there are exceptions to this rule, such as if the responsible party is a government entity, in which case there may be a shorter time limit for filing a claim.

If the victim was a minor at the time of the injury, the Statute of Limitations may be extended. Individuals considering filing a wrongful death claim in Beaverton should be aware of these exceptions and seek legal counsel to ensure that they are within the applicable time limits.

As laws regarding wrongful death claims can be complex and subject to change, if you are considering filing a claim in Beaverton, Oregon, consult with our experienced wrongful death attorneys. We will help you determine the applicable Statute of Limitations and the types of damages that may be available to eligible beneficiaries under Oregon law.

Why You Need a Wrongful Death Lawyer for Your Case

The loss of a loved one due to someone else’s negligence is devastating and life-altering. While nothing can bring them back, you deserve justice and compensation for their wrongful death.

Our team of compassionate and experienced wrongful death lawyers is here to guide you through this difficult time and fight for what you’re entitled to:

  • Unwavering Support and Understanding: We know words can’t heal, but we can help. We offer compassionate support and understanding as you grieve.
  • Extensive Experience and Expertise: We specialize in wrongful death cases. Our lawyers have a proven track record of success in holding negligent parties accountable.
  • Thorough Investigation and Evidence Gathering: Our legal team will leave no stone unturned. We meticulously investigate the circumstances of your loved one’s death to build a strong and comprehensive case.
  • Relentless Pursuit of Maximum Compensation: We fight for what your family deserves. We seek compensation for lost wages, funeral expenses, pain and suffering, and emotional distress.
  • No Upfront Fees, No Win, No Pay: Our personal injury lawyers in Beaverton are invested in your success. You pay nothing unless we win your case, minimizing your financial burden during this challenging time.
  • Clear Communication and Regular Updates: You’ll always be informed. We keep you updated on the progress of your case and answer your questions clearly and compassionately.
  • Nationwide Representation: We’re here for you, wherever you are. Our network of attorneys covers the country, ensuring you have the best representation regardless of location.
Why You Need a Wrongful Death Lawyer for Your Case

Reach out to our personal injury lawyers in Beaverton today, and let us be your trusted partner on your journey toward healing and justice.

FAQs

The timeline for resolving a wrongful death claim in Beaverton, Oregon can vary depending on various factors, including the complexity of the case, the willingness of the parties to negotiate a settlement, and whether the case goes to trial.

Some wrongful death claims may be resolved through settlement negotiations relatively quickly, while others may take several months or even years to reach a resolution, particularly if litigation is involved. Your wrongful death lawyer can provide you with a realistic assessment of the timeline for your case based on its specific circumstances.

To support a wrongful death claim in Beaverton, Oregon, you will need evidence that demonstrates the negligence, recklessness, or intentional misconduct of the party or parties responsible for your loved one's death. This may include accident reports, witness statements, medical records, expert testimony, photographs, and other documentation relevant to the case.

Your wrongful death lawyer can help gather and evaluate the evidence to build a strong case on your behalf.

Yes, you can still pursue a wrongful death claim in Beaverton, Oregon, even if the responsible party was criminally charged or convicted in connection with your loved one's death. A criminal case and a civil wrongful death claim are separate legal proceedings with different standards of proof and objectives.

While a criminal case may result in penalties such as imprisonment or fines for the defendant, a wrongful death claim seeks to compensate the surviving family members for their losses and damages. Your wrongful death lawyer can advise you on how best to proceed with your claim in light of any criminal proceedings.

Sources

[1] Stats of the State of Oregon. (n.d.). Centers for Disease Control and Prevention. Retrieved February 20, 2024, from https://www.cdc.gov/nchs/pressroom/states/oregon/oregon.htm

[2] 2021 OREGON TRAFFIC CRASH SUMMARY . (n.d.). OREGON DEPARTMENT OF TRANSPORTATION. Retrieved February 20, 2024, from https://www.oregon.gov/odot/Data/Documents/Crash_Summary_2021.pdf

[3] ORS 30.020 – Action for wrongful death. (n.d.). https://oregon.public.law/statutes/ors_30.020

Goldberg & Loren

Beaverton, Oregon

Phone: (503) 831-9930

George Goldberg

We fight hard for our clients who have lost a loved one due to a wrongful death in Beaverton, Oregon. Our personal injury lawyers fight for maximum compensation.

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