Who Can Sue for Wrongful Death in Oregon?

The unexpected and untimely death of a loved one is shocking, distressing, and difficult to process. When that loss is caused by negligence or a criminal act, the pain and suffering are somehow magnified due to the preventable nature of the injury and/or death. If your loved one – spouse, child, parent, sibling, etc. – has died due to someone else’s negligent behavior, you have the legal right to file a wrongful death claim against the responsible party.

Legally speaking, “wrongful death” in Oregon occurs when the death of a person is caused by the wrongdoing, negligence, or willful harm of another. Examples of wrongful death include driving under the influence, texting while driving, car accidents, pedestrian accidents, medical malpractice, workplace accidents, product defects, animal bites and attacks, abuse and neglect, and injuries sustained during the commission of a crime (shooting, stabbing, etc.). Auto accidents related to inclement weather, or a motorist failing to obey traffic signals and then dying as a result of a car crash, do not meet the standard of proof for wrongful death claims. A Portland personal injury attorney can help you determine if the death of your loved one meets the Oregon statute for filing a wrongful death claim.

Per Oregon statute 30.020, concerning Oregon wrongful death law, a lawsuit can be filed by the decedent’s surviving spouse, children, parents, stepchildren, stepparents, and any other individuals who are legally entitled to inherit the personal property of the decedent. Family members have three years under Oregon law to file suit; note that that timeline relates to the injury or event that caused the death and not necessarily the date of death itself. It is imperative that families consult a Portland wrongful death attorney as soon as they are able to, before the statute of limitations expires. We understand that this is an extremely difficult subject, and that families would rather spend their time healing than battling the legal system. However, the more time you have to build your case and bring suit against the liable party, the better.

Wrongful death cases are civil matters, not criminal. They are intended to compensate the decedent’s family members for losses related to medical and hospital expenses, funeral expenses, lost wages and benefits the decedent would have earned in his/her lifetime, lost life insurance and 401k benefits, loss of companionship to loved ones, and the pain and suffering of those left behind. Sometimes punitive damages are awarded if the responsible party exhibited extreme willful disobedience of the law or gross negligence. Punitive damages are intended to punish a person or corporation’s conduct, and to demonstrate that such behavior is not acceptable.

An experienced Portland personal injury lawyer, like Paul Galm, can help determine when the statute of limitations expires, help you recover evidence that will be useful in proving your case, help you retain the services of experts who can analyze that evidence before litigation begins, and even help you deal with insurance companies during this difficult time. Hiring a Portland wrongful death attorney means that you always have a professional on your side, looking out for the best interests of you and your family.