What is an Oregon Wrongful Death Case?
Losing a loved one is never easy, but it can be particularly devastating when the death was caused by someone else's negligence or intentional actions. If you have lost a family member due to the wrongful conduct of another person or entity, you may be entitled to compensation through a wrongful death lawsuit. At Pacific Injury Law Firm, our experienced wrongful death lawyers can help you understand your legal options and pursue justice on behalf of your loved one.
Understanding Wrongful Death in Oregon
Wrongful death is defined as a death caused by the wrongful act or omission of another person or entity. See ORS 30.020 Action for wrongful death. In Oregon, the wrongful death statute allows certain family members or the personal representative of the decedent's estate to file a lawsuit seeking compensation for their loss.
Who Can File a Wrongful Death Lawsuit in Oregon?
Under Oregon law, the personal representative of the deceased's estate can file a lawsuit for the benefit of the decedent's surviving spouse, children, parents, and other individuals entitled to inherit the personal property of the decedent. The action must be commenced within three years after the injury causing the death is discovered or should have been discovered. Additionally, the action cannot be commenced later than the earliest of three years after the death of the decedent or the longest period for commencing an action under a statute of ultimate repose that applies to the act which caused the injury.
What Damages Can be Recovered in an Oregon Wrongful Death Case?
In an Oregon wrongful death case, the following types of damages may be recovered:
Economic Damages
Economic damages are damages that have a clear dollar value and can be easily calculated. These damages may include:
- Loss of financial support that the deceased would have provided to their family members
- Loss of the deceased's income and benefits
- Loss of the deceased's earning capacity
- Funeral and burial expenses
Non-Economic Damages
Non-economic damages are damages that do not have a clear dollar value and are more subjective in nature. These damages may include: Loss of companionship and society Loss of love, affection, and guidance Emotional distress and mental anguish
What Needs to be Proven in an Oregon Wrongful Death Case?
To succeed in an Oregon wrongful death case, the plaintiff must prove the following elements:
- The defendant had a duty of care to the deceased
- The defendant breached that duty of care
- The defendant's breach of duty caused the death of the deceased
- The plaintiff suffered damages as a result of the death
Types of Oregon Wrongful Death Cases
There are many different situations that can lead to a wrongful death. Some common types of wrongful death cases include:
- Car and truck accidents
- Motorcycle accidents
- Drunk driving accidents and Oregon dram shop cases
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Nursing home abuse and neglect
- Workplace accidents
- Defective products
How Can Pacific Injury Law Firm Help?
At Pacific Injury Law Firm, we understand the devastating impact that the loss of a loved one can have on a family. Our experienced wrongful death lawyers are here to help you navigate the legal process and obtain the compensation that you deserve.
We will work closely with you to investigate the circumstances surrounding the death of your loved one, gather evidence to support your case, and negotiate with insurance companies and other parties to secure a fair settlement. If necessary, we will not hesitate to take your case to trial to ensure that you receive the justice and compensation that you deserve.
Contact Us for a Free Consultation If you have lost a loved one due to the wrongful conduct of another person or entity, contact Pacific Injury Law Firm today for a free consultation with one of our experienced Oregon wrongful death lawyers. We can help you understand your legal options and take the first step towards obtaining justice for your loved one.
Explore our website to learn more about our firm and our services, including our wrongful death lawyers. We are committed to providing compassionate and effective legal representation to our clients and their families.
