Portland Wrongful Death Lawyer You Can Trust

When tragedy strikes, Newlin Law Offices offers unwavering support. We understand the pain and loss you're experiencing, and we're here to guide you through the ensuing legal process with empathy and care.

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Trusted Portland Wrongful Death Attorney

Wrongful Death Lawyer

Nothing can soothe the profound pain of losing a loved one due to someone else’s negligence. Our team members are more than just legal professionals — they’re empathetic allies who understand that your world has been forever altered and will do whatever we can to ease your burden.

We’ll listen, empathize, and fight for justice on your behalf. Our mission is to ensure that your loved one's memory is honored and their legacy protected through diligent representation.

We promise to provide solace and dependable legal guidance during this difficult time, leaving no stone unturned to secure the compensation you deserve. Trust us to be your voice in seeking accountability for the wrongful death of your loved one.

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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.

These are just some of the scenarios that can lead to a wrongful death claim. If you've lost a loved one under any of these circumstances, reach out to Newlin Law Offices for a free case review to explore your legal options.

What Is Wrongful Death Under Oregon Law?

In Oregon, specific criteria defined by state law determine whether you can file a wrongful death claim.

According to Oregon Revised Statutes (ORS) 30.020, wrongful death results from another person or entity's wrongful actions or omissions. If the deceased individual could have pursued a personal injury lawsuit had they survived, their case likely qualifies for a wrongful death claim.

Wrongful death incidents in Oregon can include:

  1. Intentional Acts: This may include assault, homicide, or other criminal activities.
  2. Negligence-Based Incidents: Including motor vehicle collisions, slip and fall accidents, or encounters with dangerous or defective products.

Central to wrongful death claims is the presence of negligence, recklessness, or violence on the part of another liable party. For instance, if you had a loved one who lost their life in a car accident but they were responsible for the collision, your family likely wouldn’t qualify for a wrongful death claim.

Understanding these legal nuances is essential when you're considering a wrongful death action in Oregon.

What Are Survival Action Claims?


As governed by ORS 30.075, survival action claims are legal actions that enable the personal representative of a deceased person's estate to initiate a lawsuit on behalf of the decedent. These claims address injuries or losses suffered by the deceased person before their death and are distinct from wrongful death claims.

Key aspects of survival action claims in Oregon include:

  • Continuation of Legal Rights: When a person's death results from another party's negligence or wrongdoing, their legal rights don’t automatically terminate — survival action claims allow the deceased person's estate to pursue these rights
  • Types of Damages: Damages sought in survival action claims may encompass compensation for pain and suffering, medical expenses, and other losses incurred by the deceased person before their demise

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.

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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.

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Why Choose Newlin Law Offices?

Along with the services mentioned above, working with Newlin Law Offices promises a slew of other benefits, including the following.

  • 24/7

    24/7 Access

    Unlike many “nine-to-five” firms, we're here for you around the clock, ready to provide guidance when you need it most.

  • no recovery

    No Upfront Fees

    We operate on a contingency basis, meaning you won't pay a dime unless and until we successfully resolve your case.

  • hand and heart

    Personalized Approach

    Every case is unique. That’s why we tailor our legal strategies to your specific circumstances to achieve the best possible result.

  • deep knowladge

    Proven Track Record

    Our history of securing favorable outcomes for our clients reflects our unerring dedication to their interests and well-being.

  • free consalt

    Transparent Communication

    We’ll keep you informed at every step, ensuring that you understand your case's progression and your various legal options.

Hear from Our Clients

  • I was referred to Todd after a car accident. I had not sought representation for auto incidents before. I had concerns about my physical health and how my insurance company was handling it. Todd was amazing.  He had me start medical treatment, and he handled everything. I was compensated and referred family members, friends, and everyone to Todd. He's helped me and the people I care about navigate getting the best support after an accident. Todd is the best!!

    Sarah Dunn
  • I am so grateful for Todd’s work in navigating the insurance claims after my van was rear ended.  The medical adjusters were calling me regularly while I was in treatment, which I found very overwhelming.  Once Todd took my case, he handled all the communications between my insurance and my medical providers, which relieved me of the weight of that responsibility and gave me the space to fully heal from the accident.  He clearly explained my rights under the laws of personal injury protection, and negotiated a settlement far exceeding what I could have done on my own.  I highly recommend his services to anyone who has experienced and auto accident.

    Rachel Stern
  • Todd helped me navigate the overwhelming steps of an auto accident. I was rear ended at a stop light, my car was totaled and I was taken to the ER. Post accident, it was hard to wrap my mind around anything and what needed to be done. Todd ensured that my health was priority and helped get me the treatment I needed. While I was able to focus on my rehabilitation, he took care of the insurance and dealt with the aftermath of what needed to be done. Though it was a stressful time, being able to rely on Todd to handle the claim and other legal matters was the biggest relief. He is extremely communicative, easy to reach and truly cared about my progress even when we settled. Forever thankful and would highly recommend.

    Lisa Harris
  • I was in a MVA and had no clue what to do with the insurance company or how anything worked. Todd walked me through everything step by step. There were no dumb questions and he gave excellent guidance. My insurance company turned out to be a massive pain in the butt and were horrible to work with. Todd was able to step in once that fact became apparent and was able to swiftly and successfully close my case that had been dragged out for 3 extra months by the insurance company. He and his staff are very knowledgeable and straight shooters. Overall wonderful to work with and his office is my first call if I need him in the future.

    Jack Agger
  • Todd is great at what he does and an amazing resource to anyone needing legal support for auto accidents. In 2015 I was injured as a result of an auto collision, and Todd was instrumental in ensuring I received medical care. His professionalism and dedication to the case was an immense relief to me, especially as someone who never had an accident before.

    Emmy Quinn
Transparent Mountains

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FAQs About Wrongful Death Cases

  • Proving negligence in a wrongful death case involves establishing several key elements, including duty of care, breach of duty, and causation.

    Here's a breakdown of how to prove negligence in such cases.

    1. Duty of care

    The first step is to demonstrate that the defendant owed a duty of care to the deceased person. Duty of care is a legal obligation requiring individuals and entities to act reasonably and avoid causing harm to others. In a wrongful death case, you must establish that the defendant had a duty to exercise reasonable care toward the deceased.

    2. Breach of duty

    Once you’ve established that a duty of care existed, you must show that the defendant breached their duty. This means proving that their actions (or inaction) fell below the standard of care expected in a similar situation. You must demonstrate that the defendant acted negligently, recklessly, or in a way that directly led to the death of your loved one.

    3. Causation

    Causation is the final critical element in a wrongful death case. You must establish a direct link between the defendant's breach of duty and the death of your loved one. This means showing that the defendant's actions or negligence were the proximate cause of the death and that the death wouldn’t have occurred without these actions.

    To prove negligence effectively, you may need to gather supporting evidence, such as eyewitness testimonies, expert opinions, medical records, accident reports, and other relevant documentation.

    It's vital that you work with an experienced Oregon wrongful death lawyer, who can help build a strong case by collecting and presenting the necessary evidence to establish negligence in your wrongful death claim.

  • In Oregon, the deceased individual’s personal representative can file both a survival action claim and a wrongful death claim. A survival action continues the decedent’s personal injury claim, while a wrongful death claim seeks compensation for the surviving family members' losses.

  • Beneficiaries typically share in the damages awarded based on their relationship to the deceased person. The court will distribute the damages according to the deceased's will. If there is no will the court will distribute the damages according to Oregon intestacy law.