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Portland Wrongful Death Lawyers
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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.
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. To file a wrongful death lawsuit, the surviving family members must be able to prove that the death was caused by someone else’s actions.
There are many different types of accidents and acts of negligence that can lead to a wrongful death. Some common examples include 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 are no surviving spouse, domestic partner, or 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.
How Long Do I Have to File a Wrongful Death Claim in Oregon?
While there are some exceptions and the answer is somewhat complicated, the time to file or bring forth a lawsuit is considered three years by Oregon state law as defined by Section 30.020 of the Oregon Revised Statute is in general three years from the date of the deceased person’s final injury.
Table of Contents
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Our Wrongful Death Attorneys Never Give Up in the Face of Injustice
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What Qualifies as a Wrongful Death?
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Who Can File a Wrongful Death Lawsuit in Portland?
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How Long Do I Have to File a Wrongful Death Claim in Oregon?
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Oregon Law: Survival Action Claims
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How to Prove a Wrongful Death Claim in Portland
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Who Can I Hold Accountable for a Wrongful Death?
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What Compensation Can Be Recovered in a Wrongful Death Lawsuit?
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The Most Common Types of Wrongful Death Cases in Portland
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How Our Portland Wrongful Death Lawyer Can Help You With Your Claim.
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How Much Is My Wrongful Death Case Worth?
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.
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 misconduct. This typically requires gathering evidence and testimonies from witnesses. An experienced wrongful death lawyer can help you gather the necessary evidence and 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. These accidents can occur due to various factors such as reckless driving, drunk driving, distracted driving, or mechanical failures. 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
- Car Accidents - Car accidents are a common cause of wrongful death cases. When a person is killed in a car accident due to another driver's negligence, their family may have grounds to file a wrongful death lawsuit.
- Truck Accidents - Truck accidents are another common cause of wrongful death cases. These accidents can be particularly devastating due to the large size and weight of commercial trucks.
- Motorcycle Accidents - Motorcycle accidents are another common cause of wrongful death cases. Due to the lack of protection that motorcycles provide compared to other vehicles, riders are more vulnerable to serious injuries or death in the event of an accident.
- Pedestrian Accidents - Pedestrian accidents are a significant cause of wrongful death cases in Oregon. When a pedestrian is involved in an accident with a motor vehicle and is fatally injured as a result, their surviving family members may have grounds to file a wrongful death lawsuit.
- Plane Accidents - Plane accidents can be catastrophic and often result in multiple fatalities. When a plane accident occurs due to negligence or misconduct, the responsible party can be held accountable in a wrongful death lawsuit.
- Work Accidents - Work accidents are another common cause of wrongful death cases. When an employee is killed while on the job due to negligence or misconduct, their surviving family members may have grounds to file a wrongful death lawsuit against the responsible party.
- Boating Accidents - Boating accidents can also be a cause of wrongful death cases in Portland. Oregon, being a state with abundant waterways and a popular destination for boating enthusiasts, sees its fair share of boating accidents each year.
- Bus Accidents - Bus accidents can also be a cause of wrongful death cases in Portland. Public transportation plays a significant role in the city, with many residents relying on buses to commute to work, school, or other destinations.
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:
- Manufacturing Defects: These defects occur during the manufacturing process and may affect only a few products in a batch. For example, if a car's brakes are improperly installed during manufacturing and fail, causing a fatal accident, the manufacturer may be held accountable.
- Design Defects: These defects occur when there is an inherent flaw in the design of the product that makes it unreasonably dangerous. For example, if a ladder is designed with weak rungs that break easily, resulting in a fatal fall, the designer or manufacturer may be held liable.
- Marketing Defects: These defects occur when there is a failure to provide adequate warnings or instructions about the proper use of the product. If a medication does not include a warning about potential side effects that can lead to death and someone dies as a result, the pharmaceutical company may be held accountable.
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.
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 officers are granted certain immunities and protections in their line of duty, making it difficult to hold them accountable for wrongful death.
However, 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.
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:
- Loss of income and financial support from the deceased
- Loss of companionship, guidance, and emotional support
- Loss of services
- Loss of future income
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.
- Medical bills
- Past lost wages
- Pain and suffering
- Disability
- Property Damage
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, pedestrian accidents follow, there were: [2]
- 34 Driving Deaths
- 29 Walking Deaths (3 Possibly by Suicide)
- 11 Motorcycle Deaths
- 1 Bicycle Death
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:
- Investigate your case: Our Portland wrongful death lawyer can provide invaluable assistance in navigating the complexities of your claim. With their expertise and experience, they will investigate your case thoroughly to gather all necessary evidence.
- Review Insurance: Typically, the recovery for certain damages is limited to the insurance coverage available. We assess all the insurance companies involved in a case, including driver liability insurance, homeowner insurance, and professional malpractice insurance.
- Negotiate: Insurance companies often aim to minimize settlements, but our attorneys advocate for you by negotiating with them to secure the appropriate compensation.
- Litigation: Our trial attorneys have extensive experience and are fully prepared to represent you in court to obtain the maximum compensation for your loved one's wrongful death lawsuit.
- Resolution: Our company facilitates the collection and distribution of compensation to the relevant parties.
At our firm, we have a team of experienced Portland Oregon wrongful death lawyers who are ready to help you with your claim. We understand the devastation that a wrongful death can cause and we will fight to get you the compensation you deserve.
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.
Also, juries and judges may exhibit varying responses to cases and grant compensation based on the specific circumstances. Goldberg & Loren have effectively resolved cases involving wrongful death and obtained substantial amounts in verdicts and settlements for our clients, including numerous exceptional outcomes.
Goldberg & Loren has a legal team capable of gaining the maximum amount of compensation by Oregon Law.
We are compassionate, professional, and experienced in representing families who have lost a loved one due to someone else’s negligence.
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
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.
James Loren
Senior Partner
We Represent Clients in Wrongful Death Cases in the Following Cities and Communities Near Portland, Oregon.
- Beaverton, OR
- Hillsboro, OR
- Vancouver, WA
- 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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