If you have experienced the devastating loss of a loved one due to someone else's negligence or wrongful actions, we are here to help. Contact us today at (503) 831-9930 to schedule a free consultation with one of our compassionate Oregon wrongful death lawyers. We will guide you through the legal process and fight tirelessly to ensure that the responsible parties are held accountable for their actions.
Causes of Wrongful Death in Oregon
Common situations that lead to wrongful death incidents include:
- Bicycle Accidents
- Car Accidents
- Construction Accidents
- Defective or Dangerous Drugs
- Drowning or Recreational Accidents
- Falling From Heights
- Intentional Acts
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Poisoning
- Shootings
- Workplace Accidents
Unintentional injury deaths in the US exceeded 224,935 in 2020, making the deaths per 100,000 population ratio 67.8. Unintentional death was the 4th largest cause of death.
In Oregon, death per 100,000 population ratio was 30.7 for poisoning, 13.7 out of 100,000 for car accidents, and 14.7 for firearms. [1]
Consulting with our personal injury lawyers to discuss the specifics of your situation can help you determine if a wrongful death claim can be filed.
Proving an Oregon Wrongful Death Claim
To successfully prove a wrongful death claim in Oregon, our lawyers will need to gather evidence and construct a compelling case. Here's what we will focus on:
- Establishing Duty of Care: We will thoroughly research and analyze the circumstances surrounding the incident to identify the duty of care owed by the responsible party to the deceased. This may involve reviewing professional relationships, contractual obligations, or legal standards applicable to the situation.
- Demonstrating Breach of Duty: Our team will investigate and present evidence demonstrating that the responsible party failed to meet the required standard of care. We will scrutinize actions or omissions that constitute negligence, recklessness, or intentional misconduct, highlighting how they deviated from expected norms.
- Establishing Causation: We will work to establish a clear and direct link between the breach of duty and the fatal injuries sustained by the deceased. Through a thorough examination of medical records, expert testimony, and other relevant evidence, we will illustrate how the actions or negligence of the responsible party contributed to the death.
- Presenting Evidence of Death: Our wrongful death lawyers will compile and present comprehensive documentation, including death certificates and medical records, to establish the fact of the deceased's passing.
- Asserting Survivorship: We will ensure that our legal standing to bring the wrongful death claim is established clearly and in accordance with Oregon law. This may involve representing surviving family members or the estate of the deceased.
- Detailing Damages: We will document and quantify the financial and non-economic losses suffered by the surviving family members as a result of the death. This includes medical and funeral expenses, lost income, and the emotional toll of the loss.
- Establishing Proximate Cause: Our team will craft arguments and present evidence to establish a direct connection between the actions or negligence of the responsible party and the fatal consequences that ensued.
- Compliance with Statute of Limitations: We will ensure that all legal proceedings are initiated within Oregon's specified time frame, adhering to the Statute of Limitations to preserve our right to pursue the wrongful death claim effectively. Currently, the time limit for pursuing a wrongful death lawsuit is three years from the date of the individual's death, according to Oregon Revised Statutes Section 30.020. [2]
Navigating a wrongful death claim can be challenging, so seeking legal advice from our attorney familiar with Oregon laws will ensure your case is handled appropriately.
Who Can File a Wrongful Death Claim in Oregon?
If you are considering a wrongful death lawsuit in Oregon. In that case, the person responsible for initiating the legal action is the personal representative named in the deceased's will or appointed by the court. This individual, whether specified in the will or court-assigned, is tasked with managing the estate and ensuring the proper handling of the deceased person's affairs.
You, as family members, also have the right to file a wrongful death claim in Oregon. Typically, this includes you if you are the spouse, child (including stepchild or adopted child), or parent of the deceased. In the absence of a surviving spouse, children, or parents, other eligible individuals, such as a sibling or grandparent, may pursue a claim.
Oregon law prioritizes the surviving spouse and children in wrongful death claims. If you're the surviving spouse, only you can bring the claim unless you choose to waive this right. If there are surviving children, they can join the lawsuit with you. In the absence of a surviving spouse but with surviving children, they retain the right to file the claim.
If there's no surviving spouse, children, or parents, individuals who were financially dependent on the deceased may potentially have the right to file a wrongful death claim.
What Compensation is Available for Wrongful Death in Oregon?
In Oregon, compensation for wrongful death is intended to address a range of losses experienced by surviving family members and the estate of the deceased. This compensation encompasses economic damages, covering medical expenses and funeral and burial costs.
Non-economic damages include compensation for the loss of consortium and the absence of guidance and support that the deceased would have provided to the family.
Lost income and benefits, such as wages and health insurance, may be accounted for. The survivor's pain and suffering, both physical and emotional, are considered in the compensation package.
In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and discourage similar behavior in the future. It's essential to recognize that the specifics of each case and Oregon's modified comparative fault system can influence the available compensation.
Hiring Our Oregon Wrongful Death Lawyers
At Goldberg & Loren, our team is here to guide you through a wrongful death claim, ensuring your loved one is remembered and providing justice for your family's loss.
We assess damages, gather evidence, and advocate on your behalf. Our Oregon wrongful death attorneys are committed to supporting you during this difficult time, providing personalized legal assistance tailored to your specific situation.
Book a free consultation today!
Sources:
[1] FastStats. (n.d.). Injuries. https://www.cdc.gov/nchs/fastats/injury.htm
[2] ORS 30.020 – Action for wrongful death. (n.d.). https://oregon.public.law/statutes/ors_30.020
