This article demystifies the legal framework surrounding wrongful death lawsuits in Oregon, equipping you with the knowledge to traverse the path toward justice and potential compensation.
What Is an Oregon Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought when someone’s death is caused by the wrongful act or omission of another. Under Oregon law, as defined in Or. Rev. Stat. § 30.020 (2021), these lawsuits address situations where the deceased could have pursued a personal injury claim had they survived.
What Causes a Wrongful Death?
In Oregon, a multitude of circumstances can give rise to wrongful death claims, including:
- Medical Malpractice: Negligent care leading to injury or death during medical treatment.
- Motor Vehicle Accidents: Fatal accidents caused by reckless driving, distracted driving, or other negligent actions.
- Workplace Accidents: Unsafe working conditions, faulty equipment, or employer negligence leading to employee fatalities.
- Product Liability: Defective products causing injuries or death to consumers.
- Premises Liability: Property owner negligence leading to injuries or death on their premises.
- Criminal Acts: Intentional acts of violence or negligence resulting in death.
As your dedicated wrongful death attorney, Todd Newlin will listen carefully to the details of your situation and work diligently to uncover evidence that will support your case. He has been in practice since 2008 and can be your advocate in a difficult time.
What Is Needed to Prove a Wrongful Death Case?
“The outcome of wrongful death claims often heavily depends on the strength of evidence establishing negligence or misconduct and the financial impact of the loss,” says Jonathan Feniak, General Counsel at LLC Attorney. “The higher the financial implications, the more likely insurance companies are to push back.”
In Oregon, proving a wrongful death case hinges on meeting specific legal requirements and presenting convincing evidence. The key aspects involved include:
Legal Requirements
To establish a wrongful death case, the plaintiff must demonstrate that the death resulted directly from the defendant's actions, either through negligence, recklessness, or intentional harm. Additionally, tangible damages resulting from the death must be evident.
Role of Negligence
Determining negligence is pivotal in wrongful death cases. This involves proving that the defendant's failure to act with reasonable care led to the fatal incident. The plaintiff must establish that the actions or inactions of the defendant fell below the legally established standard of care expected in similar circumstances.
Expert Testimonies
Expert witnesses provide specialized knowledge that helps establish key elements of a wrongful death case. This often includes medical experts who can testify about the cause of death and accident reconstruction experts who can show how the incident occurred.
Who Can File Oregon Wrongful Death Claims?
In Oregon, the right to file a wrongful death claim is specifically designated to certain individuals or entities. These eligible parties primarily include the immediate family members of the deceased, such as a spouse, children, and parents. In instances where immediate family members are not available or able to file the claim, the responsibility may fall to a legal representative of the deceased's estate.
The law in Oregon takes special consideration of the rights of dependents and other relatives in wrongful death claims. Dependents, particularly minor children or others who were financially reliant on the deceased, may have significant claims due to the loss of support and potential future earnings. The legal framework ensures that these dependents' needs are addressed and acknowledges the emotional and relational losses suffered by close relatives.
What Is the Time Frame for Filing Wrongful Death Claims in Oregon?
The statute of limitations for filing a wrongful death lawsuit in Oregon is typically three years from the date of the death. This timeframe serves as a strict deadline for the claimant or their legal representative to commence legal proceedings.
If this deadline passes, the court is likely to dismiss the wrongful death claim, barring any further legal action. This can result in the loss of the opportunity to seek compensation and justice for the wrongful death. It’s also essential to note that there may be exceptions or variations based on the circumstances of the case. Therefore, it is imperative for potential claimants to be aware of this timeframe, take prompt action, and meet with a wrongful death attorney to ensure their rights are protected.
What Types of Compensation May Be Included in a Wrongful Death Action?
Following a wrongful death, the law allows surviving family members to seek various forms of compensation, acknowledging the profound financial and emotional burdens they bear. These recoverable damages fall into two primary categories: economic and non-economic damages.
Economic damages cover a range of monetary losses that result from the negligence of the plaintiff. In wrongful death cases, they include:
- Medical Expenses: Costs incurred for the deceased's care before death, including hospitalization, surgeries, and medication.
- Funeral and Burial Expenses: Reasonable costs associated with laying the deceased to rest.
- Loss of Income and Benefits: Lost wages and earning potential of the deceased, along with potential loss of future benefits like pension or retirement plans.
- Loss of Household Services: The value of services the deceased provided, such as childcare or domestic chores.
Non-economic damages compensate victims for losses that can be challenging to measure monetarily. They include:
- Pain and Suffering of the Deceased: Compensation for physical and emotional suffering endured by the deceased before their death
Determining the value of a wrongful death claim in Oregon requires considering factors such as the deceased's age, income, and earning potential, as well as the emotional impact on surviving family members. Expert assessments, economic calculations, and legal arguments also play a role in establishing a fair and appropriate compensation value.
Wrongful Death vs. a Survival Action in Oregon: What's the Difference?
Wrongful death claims are specifically brought by surviving family members or beneficiaries to seek compensation for the losses they have incurred due to the wrongful death of a loved one.
In contrast, a survival action pertains to a legal claim initiated by the estate of the deceased person to address the personal injuries, pain, and suffering of their loved one before their passing.
While both legal actions address the consequences of a wrongful death, they diverge in their focus and objectives, each serving a unique purpose within the legal framework of Oregon.
“Insurance companies usually attempt to minimize their payouts by questioning liability or offering lowball settlements,” says Randy VanderVaate, CEO and Founder of Funeral Funds of America. “To secure a fair settlement, I recommend that families meticulously gather evidence, document all communications with the insurer, and strongly consider enlisting a wrongful death attorney to help navigate the process effectively.”
Consult an Attorney for Compassionate Legal Guidance
Facing the complexity of Oregon wrongful death claims can be overwhelming amid profound loss. Seek solace and potential compensation with the support of a compassionate Portland wrongful death lawyer at Newlin Law Offices.
Todd Newlin will guide you, demystify the process, and advocate for your rights. You are not alone; take the first step toward hope today. Contact us for a free consultation.
