Trusted Portland Wrongful Death Attorney
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.
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:
- Intentional Acts: This may include assault, homicide, or other criminal activities.
- 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.
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.
