Experienced Salem Wrongful Death Lawyer Attorneys
Salem Oregon Wrongful Death Lawyer
Find out why we have some of the best wrongful death lawyers in Salem, Oregon
Salem Wrongful Death Lawyers
Salem’s premier wrongful death lawyers are here to help you seek justice and compensation for your loss. With over 30+ years of experience, our compassionate team knows that you have come to us due to injustice, and we will fight tirelessly on your behalf.
Call Goldberg & Loren today at (971) 717-2450 to schedule a free consultation and take the first step towards getting the justice and closure you deserve. Don’t wait, let us help you during this difficult time.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action that can be taken when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. In these situations, the surviving family members or beneficiaries of the deceased can file a lawsuit seeking compensation for their loss.
The purpose of these claims is to hold the responsible party accountable for the death and provide financial relief to the grieving family.
To establish a successful wrongful death claim, certain elements must be proven:
- Duty of care: Showing that the responsible party owed a duty of care to the deceased. Drivers must operate their vehicles safely and medical professionals must provide adequate care.
- Breach of duty: Demonstrating that the responsible party breached their duty of care through negligent or reckless actions, such as speeding, medical errors, or failure to maintain a safe working environment.
- Causation: Establishing a causal link between the responsible party’s breach of duty and the death of the individual. It must be proven that the death would not have occurred but for the negligence or misconduct of the responsible party.
- Damages: Showing that the surviving family members or beneficiaries have suffered compensable damages as a result of the wrongful death. These damages may include medical expenses, funeral costs, loss of income, loss of companionship, and more.
Wrongful Death Causes in Salem Oregon
- Car Accidents: Motor vehicle collisions are one of the leading causes of wrongful death in Salem, Oregon. Whether it’s a reckless driver, a drunk driver, or a distracted driver, if their actions lead to the death of a loved one, you may have a valid wrongful death claim.
- Medical Malpractice: Medical malpractice cases can involve surgical errors, misdiagnosis, medication mistakes, or improper treatment, all of which can lead to fatal consequences.
Johns Hopkins patient safety experts have calculated that more than 250,000 deaths per year are due to medical errors in the U.S. [1]
- Product Liability: Defective products can cause severe injuries and even death. Whether it’s a faulty car part, a medication with dangerous side effects, or a defective household item, manufacturers must produce safe products.
Our Salem Practice Areas
Who Can File a Wrongful Death Claim in Oregon?
The personal representative of the deceased person’s estate has the right to initiate a wrongful death lawsuit. The personal representative is typically named in the deceased person’s will or appointed by the court if there is no will. This individual is responsible for managing the estate and ensuring that the deceased person’s affairs are handled appropriately.
Certain family members of the deceased may also have the right to file a wrongful death claim. These family members typically include the spouse, children (including stepchildren and adopted children), and parents of the deceased. If there is no surviving spouse, children, or parents, other individuals, such as siblings or grandparents may be eligible to bring a claim.
Oregon law prioritizes the surviving spouse and children over other family members when it comes to wrongful death claims. If the deceased person has a surviving spouse, only the spouse can bring the claim unless the spouse waives their right to do so. If there are surviving children as well, they may join in the lawsuit alongside the spouse. If there is no surviving spouse but there are surviving children, the children may bring the claim.
If the deceased person has no surviving spouse, children, or parents, individuals who were financially dependent on the deceased person may potentially have the right to file a wrongful death claim. This could include individuals such as stepchildren, domestic partners, or other relatives who relied on the deceased person for financial support.
What Compensation is Available for Wrongful Death in Salem Oregon?
Economic damages typically consist of objective financial losses, while non-economic damages account for the emotional and subjective losses experienced by the surviving family members.
If the deceased received medical treatment before succumbing to their injuries, the family may be entitled to reimbursement for the costs incurred. This can include hospital bills, medication expenses, and any other related medical costs.
Funeral and burial expenses are another common economic damage that can be compensated in a wrongful death case.
If the deceased was the primary breadwinner or contributed to the family’s financial stability, the surviving family members may be entitled to compensation for the loss of future earnings.
Non-economic damages play a key role in compensating the emotional and subjective losses experienced by the surviving family members. These damages are often sought to acknowledge the pain, suffering, and loss of companionship that result from the wrongful death.
Contact Goldberg & Loren Wrongful Death Attorneys
At Goldberg & Loren, our wrongful death attorneys are dedicated to providing compassionate and effective legal representation to families in Salem who have lost a loved one.
From investigating the wrongful death to gathering evidence and building a strong case, our wrongful death lawyers are committed to fighting for your rights and seeking the justice you deserve.
When you choose Goldberg & Loren, you can trust that your case will be handled with the utmost professionalism and dedication. Contact our personal injury lawyers in Salem today to schedule a free consultation.
Source:
[1] Study Suggests Medical Errors Now Third Leading Cause of Death in the U.S. – 05/03/2016. (n.d.). https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us
We fight hard for our clients who have lost a loved one due to a wrongful death in Salem, Oregon. Our wrongful death lawyers fight for maximum compensation.
We Represent Families Who Have Suffered a Wrongful Death in Following Cities and Communities Near Salem, Oregon.
- Keizer, OR
- Hayesville, OR
- Dallas, OR
- Tigard, OR
- Woodburn, OR
- Albany, OR
- Newberg, OR
- West Linn, OR
- Canby, OR
- Wilsonville, OR
- Corvallis, OR
- Lebanon, OR
- Sherwood, OR
- Tualatin, OR
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