Portland Wrongful Death Lawyer You Can Trust

Common Wrongful Death Claims in Portland, OR

Wrongful death cases in Portland can involve any number of scenarios where negligence or intentional actions lead to someone's untimely death. Some of the most common types of wrongful death cases in the area include:

• Car Accidents: Fatalities from auto accidents typically result from reckless driving, speeding, impaired driving, or distracted driving.
• Truck Accidents: Deaths in truck accidents are often due to the size and weight disparity between trucks and other vehicles on the road.
• Pedestrian Accidents: Negligent drivers or unsafe road conditions can lead to pedestrian fatalities, especially in urban areas.
• Motorcycle Accidents: Motorcyclists are at higher risk of fatal accidents because of the lack of protection offered by their vehicles.
• Slip and Fall Accidents: Fatal slip and fall accidents can occur in public places or on private properties with hazardous conditions.
• Bicycle Accidents: Bicyclists may suffer fatal injuries in accidents involving vehicles, often due to driver negligence.

In contrast to wrongful death claims, which focus on the losses sustained by surviving family members, survival action claims center on the rights and losses of the deceased individual themselves. It’s essential to consult a knowledgeable wrongful death attorney to navigate these distinct legal avenues effectively based on the specific circumstances.

What Is the Statute of Limitations for a Survival Action?

In Oregon, a survival action typically allows the personal representative of a deceased person's estate to file a claim within three years of the date of the individual’s death if the action wasn’t commenced prior to death. It’s imperative that you adhere to this time limit to pursue such a legal action effectively.

Who Can Pursue a Wrongful Death Claim in Oregon?

As defined by state law, specific individuals have the legal standing to pursue a wrongful death claim. Generally, only a personal representative or executor of the deceased person's estate may file a wrongful death claim on behalf of the surviving family members.

It's important to note that Oregon law prioritizes the surviving spouse and children when determining who has the right to pursue a wrongful death claim. If there are no surviving spouses or children, the decedent’s parents, stepchildren, or stepparents may be the beneficiaries of the claim.

How Long Do You Have to File a Wrongful Death Lawsuit in Portland?

The statute of limitations for wrongful death cases in Oregon is generally three years from the date of the deceased person's death, the same length of time as the statute of limitations for a survival action. This means that the lawsuit must be filed within three years of the date of death to be considered valid by the court.

What Compensation Is Available in an Oregon Wrongful Death Lawsuit?

In a wrongful death lawsuit, surviving family members may seek compensation for various types of hardship and harm resulting from the loss of their loved one. The available compensation includes:

Economic Damages

These are quantifiable financial losses and may include:

• Funeral and burial expenses.
• Medical bills related to the deceased person's final injury or illness.
• Loss of the deceased person's income and financial support to the family.
• Loss of the deceased person's services and companionship.

Economic damages are designed to offset the financial impacts of the deceased individual’s death.

Non-Economic Damages

These are subjective losses that are difficult to quantify but are nonetheless important. They’re meant to compensate for:

• Emotional distress, grief, and mental anguish
• Loss of the deceased person's love, care, guidance, and companionship

Non-economic damages serve to address the intangible losses that often stem from the death of a loved one.

Punitive Damages

In some cases, punitive damages may be awarded to punish the responsible party for especially reckless or intentional misconduct that led to the wrongful death.

How Our Portland Wrongful Death Lawyer Help You

Facing the loss of a loved one is an incredibly difficult experience, and considering legal action during this time can feel overwhelming. Even so, working with a skilled wrongful death attorney is generally a prudent choice.

Here are a few of the ways Newlin Law Offices can assist you:

• No-Cost Consultation: We offer a free case review to all of our clients, which allows us to understand your situation and provide professional guidance with no obligation on your part.
• Comprehensive Investigation: When you decide to work with us, we’ll conduct a thorough investigation, working with experts, collecting evidence, and determining liability to seek justice for your family.
• Calculating Damages: We’ll collaborate with experts to accurately assess your damages, both economic and emotional, and ensure that you receive the compensation you deserve.
• Document Management: Our team meticulously manages all critical claim-related documents, including medical bills and insurance correspondence.
• Skillful Negotiation: After establishing liability and calculating damages, we’ll negotiate with the insurance companies on your behalf to secure a fair settlement that adequately addresses your losses.
• Capable Litigation: While most cases settle outside of court, we have a successful track record in trial advocacy and are prepared to litigate if necessary.

Navigating a wrongful death case is challenging. With the help of veteran attorney Todd Newlin, you can hold the responsible parties accountable and secure the financial support you need.