Who Can File an Oregon Wrongful Death Lawsuit? Portland Wrongful Death Lawyers Explain
on Wednesday, November 2, 2011The loss of a loved one at any time is a tragic and traumatic event we hope we never have to experience. Sadly, the vast majority of us must do so at some point in our lives. When someone is taken from us through someone else’s negligence, omission or wrongful act, the pain is amplified. Those left behind in cases where a spouse, parent or child has been killed in such a manner often seek advice from Portland wrongful death lawyers to see what rights and options are open to them.
In this state, when it comes to making a wrongful death claim, Oregon laws can be complicated and frustrating. We make an attempt to explain them here.
Who is entitled to make a wrongful death claim in Oregon?
ORS staute 30.020 says that when the death of a person is caused by a wrongful act or omission of another, the following people, or their personal representative, are entitled to make a wrongful death claim against the person who caused the death.
- The surviving spouse
- Any surviving children
- Surviving parents
- Any stepchild or stepparent
- Any individuals who would be entitled to inherit the personal property of the deceased under the laws of intestate succession
The same statute goes on to say that these people could take an action against the person or people who caused the death if, had the deceased person lived, he could have taken an action against the wrongdoer for an injury caused by the same wrongful act or omission.
How soon must after the wrongful death must a claim be filed?
In Oregon, the general rule is that a wrongful death claim must be filed within three years after the injury which ultimately caused the death. This is vitally important, because should a person go into a coma for six months, for example, after a car accident and then die, the time period for making a claim would commence from the date of the accident, not from the date the person died. As with most things in law, exceptions exist, and anyone considering making a wrongful death claim should contact one of our experienced Portland wrongful death accident lawyers as soon as possible.
What kind of damages can be claimed in a wrongful death lawsuit?
Oregon laws cover a number of areas for recovery and awards in wrongful death cases. They include:
- Medical costs prior to death, including doctors’ bills, hospital costs and other medical services
- Burial services and memorial service expenses
- Compensation for pain, suffering and loss of income for the deceased from the time of injury to time of death
- Monetary loss to the deceased’s estate
- Compensation to the spouse, children, parents, stepchildren and stepparents for any monetary loss, as well as for the loss of companionship and services
- Punitive damages which the deceased would have been entitled to recover from the wrongdoer had he or she lived. This is an amount separately stated and awarded in a court’s finding or jury’s verdict.
Again, there are exceptions within Oregon laws. In Beerbower v State, it was determined that “parents of a minor child are not entitled to compensation for loss of society and companionship when the child has been negligently injured.”
How are awards distributed?
If the person who has been wrongfully killed has left a will, that testament will by and large be enforced. If, however, there is no will, then under ORS 30.050, it will be up to the court to determine the amount of loss suffered by any or all of the various dependents named in the wrongful death claim. Unless all beneficiaries agree to the disbursement of the award, it will be left to the trial court to apportion amounts to each individual, according to the amount of loss.
Wrongful death claims are never straightforward. The people affected will certainly need guidance to find their way through the veritable jungle of Oregon statutes that exist in this area. However, victims have rights, as well as expenses. If you have lost a spouse, parent, child or sibling due to the negligence or wrongful act of someone else, don’t hesitate to contact a good Portland wrongful death accident lawyer. Time limits for filing claims are strict. In order to recover lost expenses, to find justice, and maybe to save someone else from experiencing a similar loss, filing a wrongful death claim may be exactly the right thing to do.
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