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Portland Wrongful Death Lawyers

When you need one of the best wrongful death attorneys in Portland

Our Wrongful Death Attorneys Never Give Up in the Face of Injustice

Over Half a Billion Recovered for Clients

The Portland wrongful death attorneys at Goldberg & Loren specialize in dealing with families that have experienced such tragedy and have developed a unique ability to help those affected by the death. If you lost a loved one in an accident due to the negligence of someone else please call us today at (971) 339-8080 or fill out the form to get started.

Our Wrongful Death Attorneys Never Give Up in the Face of Injustice

What Qualifies as a Wrongful Death?

A wrongful death is defined as a death that is caused by  the negligence or intentional misconduct of another person. In order to file a wrongful death lawsuit, it must be proven that the person’s death was caused by another’s actions.

There are many different types of accidents and negligence that can lead to a wrongful deathWrongful death cases often originate as the result of car accidents, truck accidents, workplace accidents, medical malpractice, and defective products.

Who Can File a Wrongful Death Lawsuit in Portland?

In Oregon, the surviving spouse or domestic partner is typically the first person who can file a wrongful death lawsuit. If there is no surviving spouse or domestic partner, the children of the deceased may be able to file a lawsuit. If there is no surviving spouse, domestic partner, and there are no children, the parents of the deceased may be able to file a lawsuit.

In some cases, the personal representative of the deceased’s estate may also be able to file a wrongful death lawsuit. This is typically only allowed if no surviving family members can file a lawsuit.

Who Can File a Wrongful Death Lawsuit in Portland?

How Long Do I Have to File a Wrongful Death Claim in Oregon?

While there are some exceptions may apply and the answer is somewhat complicated, the time to file or bring forth a lawsuit is three years according to the Oregon Revised Statute. This means there are three years to file from the date of the deceased person’s final injury.

Oregon Law: Survival Action Claims

What is a Survival Action?

A survival action claim can be filed by the personal representative of the deceased person’s estate, seeking compensation for any damages or injuries that occurred to the deceased person from the time of their injury until their death.

Damages Cap: ORS 31.710 limits the amount of non-economic damages to $500,000 in wrongful death cases.

Punitive Damages: There is no cap.

Although no amount of money can fully compensate for the loss of a loved one, compensatory and punitive damages can provide some financial relief for families dealing with the aftermath of a tragic death.

In cases where individuals have been killed as a result of irresponsible actions, such as driving under the influence, punitive damages serve as a clear message that this behavior will not be tolerated and must be appropriately punished.

Oregon Law: Survival Action Claims

How to Prove a Wrongful Death Claim in Portland

To prove a wrongful death claim, the surviving family members must be able to show that the death was caused by someone else’s negligence or intentional misconductProving this typically requires evidence and witnesses. Our Portland wrongful death lawyers will gather the necessary evidence to build a strong case.

Who Can I Hold Accountable for a Wrongful Death?

In a wrongful death lawsuit, the defendant may differ depending on the specifics of the case. The person or entity whose negligence or wrongful action resulted in death can be held accountable.

Auto accidents are one of the leading causes of wrongful death cases. When someone’s negligence or misconduct leads to a fatal car accident, the responsible party can be held accountable in a wrongful death lawsuit.

Wrongful death lawsuits can occur in many instances including murder, but the most common are caused by the following:

Auto Accidents

Auto Accidents

Pet Attacks

The owner of a pet that causes harm resulting in death may be held accountable. Dog mauling cases, for example, may result in wrongful death claims.

Nursing Home Abuse

Another unfortunate circumstance that can lead to a wrongful death is nursing home abuse. Nursing home residents are vulnerable and rely on the staff and caregivers to provide them with proper care and attention. However, when nursing homes fail to meet their duty of care, it can result in serious harm or even death.

Nursing home abuse can take many forms, including physical abuse, emotional abuse, neglect, and financial exploitation. If a loved one dies as a result of nursing home abuse, the responsible parties can be held accountable in a wrongful death lawsuit.

Product Defects

Product defects can also lead to wrongful death cases. When a product is defective and causes the death of a consumer, the manufacturer, distributor, or retailer may be held liable for the resulting damages.

Three main types of product defects can result in wrongful death claims:

Proving Negligence To prove negligence in a wrongful death case, the surviving family members must demonstrate that the defendant owed a duty of care to the deceased person, that the defendant breached that duty of care, and that this breach directly caused the death.

Product Defects

Police Shootings

Police shootings are a highly controversial and sensitive topic that can also lead to wrongful death cases. When an individual is shot and killed by a police officer, their family may have grounds to file a wrongful death lawsuit if they believe that the shooting was unjustified or that excessive force was used.

Proving negligence in police shooting cases can be challenging due to the unique circumstances involved. Law enforcement is provided certain protections in their line of duty, making it difficult to hold them accountable for wrongful death, but not impossible.

If it can be proven that the officer acted with negligence or used excessive force without justification, a wrongful death lawsuit may be pursued.

Medical Malpractice

Medical malpractice occurs when a healthcare professional or facility provides substandard care that results in harm or death to a patient. When a patient dies as a result of medical malpractice, their loved ones may be able to file a wrongful death lawsuit against the responsible parties.

Examples of medical malpractice that can lead to wrongful death include surgical errors, misdiagnosis or failure to diagnose a serious condition, medication errors, and birth injuries.

Proving negligence in a medical malpractice case can be complex and requires expert testimony to demonstrate that the healthcare provider deviated from the standard of care and that this deviation directly caused the patient’s death.

Medical Malpractice

What Compensation Can Be Recovered in a Wrongful Death Lawsuit?

The amount of compensation that can be recovered in a wrongful death lawsuit will vary depending on the specific facts and circumstances of the case. In general, the surviving family members may be able to recover damages for:

Wrongful death cases filed under the Survival Act seek compensation for the losses suffered by the victim, typically including the damages that occurred from the time of the victim’s injury to their death.

What Compensation Can Be Recovered in a Wrongful Death Lawsuit?

The Most Common Types of Wrongful Death Cases in Portland

In 2023, fatalities were at a considerable all-time high. The two most common causes of wrongful death are auto accidents followed by murder or manslaughter. There were 162 homicides [1] in Oregon, and of those, there were 70 in the PDX area alone.

In 2023, traffic fatalities also played an important role. With the majority being auto accidents, followed by pedestrian accidents. [2]

Portland traffic deaths of 2023 are listed below:

How Our Portland Wrongful Death Lawyer Can Help You With Your Claim

Goldberg & Loren’s wrongful death attorneys are experienced in handling a wide range of wrongful death cases in Portland. Our dedicated team will thoroughly:

At our firm, we have a team of experienced Portland, Oregon, attorneys who are ready to help you with your claim. It is painful to lose a loved one unexpectedly and funeral and burial costs add insult to injury. Our attorneys will help ensure the person who should pay, does pay. Goldberg & Loren has a legal team capable of gaining the maximum amount of compensation by Oregon Law.

How Our Portland Wrongful Death Lawyer Can Help You With Your Claim.

How Much Is My Wrongful Death Case Worth?

The amount of settlement or jury awards in a case can vary greatly. Claims may range from hundreds to millions of dollars, depending on the losses suffered by the survivors or the estate.

Our law firm has been advocating for families who have lost loved ones since 1994 in Portland, Oregon, and around the country. Let us advocate for you.

If you have lost a loved one in an accident, contact our office today to schedule a free consultation with one of our wrongful death lawyers.

Call us at (971) 339-8080 or fill out the form to get started.

Sources:

[1] Oregon Health Authority : Oregon Death Data : Death Data : State of Oregon. (n.d.). Oregon Death Data : Oregon Health Authority. https://www.oregon.gov/oha/ph/birthdeathcertificates/vitalstatistics/death/pages/index.aspx

[2] Portland Traffic Fatality Tracker. (n.d.). BikePortland. https://bikeportland.org/fatality-tracker

Goldberg & Loren

6500 S Macadam Ave Suite 300
Portland, OR 97239
(971) 339-8080

James Loren

Loosing a loved one in an accident is one of the most excruciating experiences anyone can endure. We handle each case with the compassion and respect it deserves.

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We Represent Clients in Wrongful Death Cases in the Following Cities and Communities Near Portland, Oregon.

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