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Portland Wrongful Death Attorney
Has a loved one been tragically lost in Portland due to someone else’s negligence? You may be eligible for compensation through a wrongful death claim. Although financial support cannot bring back your loved one, it can alleviate some burdens during this difficult time of mourning.
Reach out to our caring and compassionate Portland wrongful death lawyers at Goldberg & Loren to discover how we can support you during this challenging period. Whether your loss resulted from an accident, car accident, or another wrongful act, we are here to stand by your side. We are open now for online appointments. Call (971) 339-8080 today.
Our Portland Wrongful Death Results
Our clients know that when it comes to wrongful death lawsuits we are compassionate towards those we represent but hard hitting when it comes to handling insurance companies.
The following results are some of our recent verdicts and settlements.
$4,200,000
Settlement
A multi-vehicle collision led to the death of our client's husband.
February 2024
$5,000,000
Settlement
Our client lost her son in a tragic Portland car accident.
April 2024
What is a Wrongful Death?
A wrongful death refers to a situation where an individual dies as a result of the negligence, recklessness, or intentional actions of another person, entity, or organization. These cases can arise from a wide range of incidents, such as car accidents, medical malpractice, product defects, workplace accidents, or even criminal acts.
In the case of a car accident involving a drunk driver, for example, if the negligence of the driver results in the death of another person, it can be considered a wrongful death.
Accidental deaths in Oregon have shown an increasing trend based on the available data. In 2019, the total number of accidental deaths was recorded as 2,213, representing 46.1% per 100,000 deaths. This percentage increased to 52% in 2020, with a total of 2,458 unintentional deaths. The data from 2021 reveals a further increase, with a total of 3,151 accidental deaths, representing 67.4%. [1]
Who Can File a Wrongful Death Claim in Portland?
In the case of a wrongful death in Portland, certain individuals are eligible to file a wrongful death claim. According to Oregon law, the following parties have the right to bring a wrongful death action:
- Spouse: The surviving spouse of the deceased person has the first right to file a wrongful death claim. This includes both legally married spouses and domestic partners.
- Children: If there is no surviving spouse, the deceased person’s children have the next right to file a wrongful death claim. This includes both biological and adopted children.
- Parents: If there are no surviving spouse or children, the deceased person’s parents may have the right to bring a wrongful death action. This includes both biological and adoptive parents.
- Personal Representative: If there are no surviving spouse, children, or parents, a personal representative of the deceased person’s estate may file a wrongful death claim on behalf of the estate.
Oregon law prioritizes the surviving spouse and children over parents when determining who has the right to file a wrongful death claim. If there are multiple eligible parties, they may file the claim jointly or separately.
Consult with our experienced Portland wrongful death lawyer to understand your rights and options for seeking justice after the loss of a loved one. A wrongful death claim can be complex, and having a knowledgeable attorney by your side can make a significant difference in the outcome of your case.
What are Survival Actions?
Other than filing a wrongful death claim, a survival action in Oregon may also be possible.
Survival actions are a legal claim allowing the deceased person’s estate to seek compensation for any damages or losses the individual suffered before their death.
Survival actions are distinct from wrongful death claims in that they focus on the injuries or harm suffered by the deceased person rather than the losses experienced by the surviving family members.
Do I Have a Wrongful Death Case?
If you have lost a loved one due to another persona or party’s wrongful act, wrongful conduct, or another persons negligence then you may have a wrongful death lawsuit.
The most common wrongful death cases involve:
How Long Do I Have to File a Wrongful Death Lawsuit in Oregon?
In Oregon, there is a strict Statute of Limitations for filing a wrongful death lawsuit. [2] The statute requires that a wrongful death claim must be brought within three years from the date of the individual’s death. This is the general rule, but there can be exceptions and specific circumstances that may affect the time limit.
In certain cases, such as those involving government entities or medical malpractice, the Statute of Limitations may be shorter or there may be additional requirements for notice of the claim.
Waiting too long to file a wrongful death lawsuit can result in your case being barred, meaning you will no longer be able to seek compensation for your loss. Seek legal advice as soon as possible after the loss of a loved one.
Table of Contents
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Portland Wrongful Death Attorneys
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Our Portland Wrongful Death Results
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What is a Wrongful Death?
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Who Can File a Wrongful Death Claim in Portland?
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What are Survival Actions?
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Do I Have a Wrongful Death Case?
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How Long Do I Have to File a Wrongful Death Lawsuit in Oregon?
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Proving Liability in Your Portland Wrongful Death Claim
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What Damages Can I Recover in a Portland Wrongful Death Claim?
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What If My Loved One Was Partially at Fault ?
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Wrongful Death Claim vs. Wrongful Death Lawsuit - What's the Difference?
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Find a Portland Wrongful Death Lawyer Near Me
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How Can a Portland Wrongful Death Attorney Help?
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How Much Does it Cost to Hire a Portland Wrongful Death Attorney?
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What Our Clients Are Saying About Us
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Contact Our Portland Wrongful Death Lawyers Today!
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Local Portland Resources
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Frequently Asked Questions
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Portland Wrongful Death Infographic
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Sources
Proving Liability in Your Portland Wrongful Death Claim
If you have lost a loved one and believe their death was the result of someone else’s negligence or intentional or unintentional misconduct, in Portland you may have a wrongful death case.
To determine if you have a valid claim, there are a few key factors that need to be assessed:
- Duty of Care – Owed: The first element in a wrongful death case is establishing that the defendant owed a duty of care to the deceased person. This means that the defendant had a legal obligation to act in a way that would prevent harm to others. For example, a healthcare provider has a duty of care to their patients to provide competent and safe medical treatment.
- Breach of Duty: It must then be shown that the defendant breached their duty of care. This means that they failed to act in a manner that a reasonable person would have in the same situation. For instance, if a driver was texting while driving and caused a fatal accident, they would be considered to have breached their duty of care.
- Causation – Accident or Injury: In order to have a valid wrongful death case, you must establish that the defendant’s breach of duty was the direct cause of your loved one’s death. This means showing that their actions or omissions directly led to the fatal incident. Gathering evidence, such as witness statements, medical records, and expert opinions, can help establish causation in your case.
- Damages: Lastly, you need to demonstrate that you and your family have suffered damages as a result of your loved one’s death. Damages can include both economic and non-economic losses such as medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional pain and suffering.
What Damages Can I Recover in a Portland Wrongful Death Claim?
Wrongful death claims are different from other personal injury cases as they seek compensation for the losses suffered by the deceased person’s surviving family members. In Oregon, there are specific damages that can be sought in a wrongful death claim.
In a Portland wrongful death claim, the goal is to seek compensation for the losses suffered by the surviving family members due to the untimely death of their loved one. The damages that can be sought in Oregon for a wrongful death claim include both economic and non-economic losses.
Economic losses refer to the tangible financial impact that the death of a loved one has on the surviving family members. These damages are easier to calculate as they involve specific monetary values. They can include:
- Medical expenses: This includes any medical bills and expenses incurred as a result of the injury leading to the death. It may include costs for emergency room visits, hospital stays, surgeries, medications, and rehabilitation services.
- Funeral and burial costs: These expenses can be significant and often place a burden on the family. Compensation can be sought for the costs associated with a funeral service, burial plot, casket, cremation, and other related expenses.
- Loss of financial support: If the deceased person was the primary breadwinner for the family, the surviving family members may be entitled to compensation for the loss of that financial support. This can include the income that would have been earned by the deceased, as well as future financial contributions, such as pension, retirement benefits, and potential inheritance.
Non-economic losses, are more subjective and relate to the emotional and psychological impact of losing a loved one. These damages are not easily quantifiable but are just as important to consider. They can include:
- Loss of companionship and consortium: When a person loses their spouse, they also lose the companionship, love, and emotional support that the deceased provided. In a wrongful death claim, compensation can be sought for the loss of these intangible benefits.
- Pain and suffering: Losing a loved one can cause immense pain and suffering to the surviving family members. This includes emotional distress, mental anguish, and the loss of enjoyment of life. While it is difficult to put a monetary value on these damages, they are an important aspect of a wrongful death claim.
- Loss of guidance and mentorship: If the deceased person played a significant role in the guidance and mentorship of their family members, such as a parent or guardian, the surviving family members may be entitled to compensation for the loss of these invaluable contributions. This can include the loss of parental guidance, advise, and support through important life events.
The damages that can be sought in a wrongful death claim may vary depending on the specific circumstances and laws of Portland, Oregon.
What If My Loved One Was Partially at Fault?
In Portland, Oregon, comparative negligence laws allow for compensation even if your loved one was partially to blame for the accident. This legal principle means that the amount of compensation you receive can be reduced based on the degree of fault attributed to your loved one.
For example, if your loved one were found to be 30% at fault for the accident, the compensation awarded would be reduced by 30%.
Wrongful Death Claim vs. Wrongful Death Lawsuit
What's the Difference?
When pursuing compensation for a wrongful death case in Portland, Oregon, understanding the difference between a wrongful death claim and a wrongful death lawsuit is necessary.
A wrongful death claim is typically the first step in seeking compensation for the death of a loved one caused by the negligence or intentional actions of another party. This claim is usually filed with the responsible party’s insurance company. In most cases, the claim is negotiated and settled outside of court.
A wrongful death lawsuit is a legal action filed in court against the responsible party. If a fair settlement cannot be reached through negotiations, or if the insurance company denies the claim, a wrongful death lawsuit may be pursued.
A lawsuit involves formal court proceedings, where both parties present their cases and a judge or jury determines the outcome.
In both a wrongful death claim and a wrongful death lawsuit, the goal is to obtain compensation for the damages suffered as a result of the wrongful death. However, there are some key differences between the two.
Find a Portland Wrongful Death Lawyer Near Me
When it comes to searching for a lawyer near you, proximity should not be the deciding factor. There are plenty of personal injury lawyers in Portland, but not all will get the desired results. We have settled many Portland wrongful death cases resulting in multi-million dollar verdicts for our clients.
How Can a Portland Wrongful Death Attorney Help?
At Goldberg & Loren, we can help you navigate the complex legal process of pursuing a wrongful death claim or lawsuit in Portland. We have 30 years of experience providing the following services to grieving families:
- Investigating the Case: Our skilled Portland wrongful death attorney will conduct a thorough investigation into the circumstances surrounding the death of your loved one. We will gather evidence, interview witnesses, and consult with experts if necessary to build a strong case on your behalf.
- Determining Liability: Our Portland wrongful death legal team will work to determine who is liable for the death of your loved one. We will carefully examine the evidence and gather facts to establish negligence or intentional wrongdoing on the part of the responsible party.
- Calculating Damages: Calculating damages in a wrongful death case can be complex. Our skilled lawyers will assess the financial impact of the loss on the surviving family members, including lost wages, medical expenses, funeral costs, and loss of future financial support.
- Negotiating with Insurance Companies: Dealing with insurance companies can be challenging, as they often try to minimize their liability and offer low settlement amounts. Our legal team is not afraid of big insurance companies and is skilled in the art of wrongful death settlement negotiations.
- Court Representation: If the case we can effectively present your case in court. We not only have experience in navigating the legal process, but our local Portland wrongful death lawyers also understand the emotional toll that a wrongful death can have on a family.
How Much Does it Cost to Hire a Portland Wrongful Death Attorney?
At Goldberg & Loren, all consultations are free, and there are no upfront costs associated with any case. We represent victims on a contingency fee basis and only get paid if you win. Then we take between 33% and 44% of the award depending on the case’s complexity. We take all the risk.
What Our Clients Are Saying About Us – Client Reviews
Contact Our Portland Wrongful Death Lawyers Today!
We understand that losing a loved one due to someone else’s negligence or deliberate actions can be devastating. Seek legal representation from our skilled and compassionate Portland wrongful death attorney who can guide you through the legal process and fight for your rights.
At Goldberg & Loren, our experienced wrongful death lawyers are dedicated to helping families obtain the justice and compensation they deserve in the event of a wrongful death. With over 30 years of experience in handling wrongful death cases, we make ourselves available 24/7 to provide legal guidance to those who have lost a loved one.
Call us now at (971) 339-8080 for a free consultation.
Local Portland Resources
Losing a loved one to an accident will come as an abrupt shock to your system; you will feel a great sense of loss, denial, and anger. Undoubtedly, this is a life-altering event. We suggest grief counseling as a foundational basis to, at the very least, share your feelings with a professional who will be able to help you with this loss.
Tulip Cremation
Address: 6705 SE 14th Ave, Portland, OR 97202
Phone: (844) 942-4909
Zeller Chapel Of The Roses Funeral Home
Address: 2107 NE Broadway, Portland, OR 97232
Phone: (503) 287-1155
*Disclaimer: We do not endorse these companies; they are only recommendations that clients have given us over the years.
Frequently Asked Questions
How Much Can You Get in a Wrongful Death Claim?
While the State of Oregon has damage caps according to ORS 31.710. This limits the amount of noneconomic damages to $500,000. There is no damage cap on economic damages which can include loss of future earnings, medical bills, funeral expenses and more.
Can I Bring a Wrongful Death Lawsuit Based on the Death of a Child or Elderly Person?
Yes, you can bring a wrongful death lawsuit based on the death of a child or elderly person. In Oregon, the law allows certain family members to file a wrongful death claim if their loved one has died as a result of someone else's negligence or intentional actions. This includes parents, spouses, and children of the deceased, as well as other relatives who were financially dependent on the deceased.
What if the Person Who Died Never Worked?
In cases where the person who died never worked, it may still be possible to file a wrongful death claim. Even if the deceased did not have a job or earn an income, their death can still have a significant impact on their surviving family members.
Should I Get Legal Help for a Wrongful Death Claim in Portland?
Seeking legal help for a wrongful death claim is necessary to navigate the complexities of the legal system and ensure that your rights are protected. Our Portland wrongful death lawyer can provide valuable guidance and support during this difficult time, helping you to determine liability, calculate damages, negotiate with insurance companies, and represent you in court.
Attempting to handle a wrongful death claim on your own can be overwhelming and stressful, especially when dealing with the emotional aftermath of losing a loved one. This is why it is so important to choose the best wrongful death lawyer you can.
Portland Wrongful Death Infographic
Sources:
[1] Accident Mortality by State. (n.d.). Centers for Disease Control and Prevention. Retrieved January 29, 2024, from https://www.cdc.gov/nchs/pressroom/sosmap/accident_mortality/accident.htm
[2] Statute of Limitations. (n.d.). In OSBPLF. Retrieved July 9, 2024, from https://assets.osbplf.org/forms/pdfs/Statutes%20of%20Limitation%20Generally.pdf
Goldberg & Loren
6500 S Macadam Ave Suite 380,
Portland, OR 97239
(971) 339-8080
Losing 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.
We Represent Families Who Have Experienced a Wrongful Death in the Following Cities and Communities Near Portland, Oregon.
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
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