Oregon Wrongful Death Claims
Oregon Wrongful Death Claims
In Oregon, when a person dies under certain circumstances, the death can give rise to a civil Oregon wrongful death claims for monetary damages. Oregon law allows for a wrongful death claims or lawsuits when the death of a person is caused by another person’s negligence, recklessness or intentional conduct. Under ORS 30.020, the wrongful death action is brought by the personal representative of the decedent’s estate, for the benefit of the decedent’s beneficiaries. The statutory beneficiaries include the decedent’s spouse, children, and parents. In some instances, step-parents and step-children can qualify as beneficiaries of the decedent’s wrongful death claim.
The personal representative in an Oregon wrongful death claim can seek compensation for expenses related to the wrongful death, including medical bills, burial and memorial expenses, and lost wages during the period between injury and death. The Oregon wrongful death statute also allows the personal representative to recover money for the loss of future income the decedent would have earned throughout his or her life, lost medical insurance, pensions and other pecuniary losses. The decedent’s beneficiaries can also be compensated for the loss of society and companionship of the decedent in an amount not to exceed $500,000. Punitive damages may be recoverable under certain circumstances when the decedent’s death is caused by the severe recklessness, egregiousness or intentional conduct of the at-fault person or persons.
The statute of limitations on wrongful death claims in Oregon is generally three years, which means the claim must be settled or a lawsuit must be filed within that time period to preserve the claim. Only the personal representative of the decedent’s estate may settle or file a wrongful death claim and the personal representative must be appointed by the court in the county in which the decedent died or resided. Timing is of the essence when it comes to appointment of a personal representative to pursue the wrongful death claim or action.
The loss of a loved one is not only emotionally devastating, but it can be financially devastating as well. This is especially true if the decedent was a financial provider for the family. For these reasons, exploring your rights and potential wrongful death claim under Oregon law is critically important. If your family member was fatally injured by another person’s negligence, recklessness or intentional conduct, then the decedent’s estate and beneficiaries likely have a civil Oregon wrongful death claim.
How can you learn more about Oregon Wrongful Death Lawsuits?
- What is an Oregon wrongful death lawsuit?
- What are the causes of a wrongful death?
- Who can file Oregon wrongful death claims?
- Is there a time frame for filing wrongful death claims in the state of Oregon?
- What types of compensation may be included in a wrongful death action?
- How is the settlement distributed?
If a member of your family has been fatally injured by another person’s negligence, recklessness or intentional conduct, you need to contact a Portland wrongful death attorney. I work on a contingency fee basis (meaning: I don’t get paid unless you do), and provide aggressive, professional legal representation. My initial consultations are always free, so call me at (503) 444-2825, or email at email@example.com to discuss your case.
Travis Mayor, Oregon Personal Injury Attorney
I represent Oregon wrongful death, personal injury, and accident victims in the Portland Metropolitan Area, Multnomah, Clackamas and Washington Counties, and throughout the state of Oregon. I provide this Blog as an educational and informational service for Oregon residents – it is not intended to be legal advice, as every case is unique and should be accurately evaluated. If a family member has been fatally injured and you would like a FREE professional consultation with an attorney to discuss your options and legal rights, call me at (503) 444-2825, or email at firstname.lastname@example.org to learn more about your legal rights.
Learn more at: www.mayorlaw.com