If you lost a friend or relative in Oregon as a result of someone else’s negligence, you are entitled to seek justice through a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
In Oregon law, a death caused by the “wrongful act or omission of another” is considered a wrongful death. Almost every state has adopted a unique version of wrongful death laws, with varying requirements. Oregon gives the personal representatives of the victim the right to seek compensation by filing a wrongful death claim.
Oregon-Specific Laws
Oregon’s “Action for wrongful death (ORS 30.020)” sets the framework for wrongful death lawsuits in Oregon, covering details such as who can file a claim and what the time limits are. According to ORS 30.020, the action should be commenced within three years after the decedent’s death. This law also highlights that damages can cover reasonable charges sustained for the decedent’s medical, funeral, and memorial services.
Who Can File an Oregon Wrongful Death Lawsuit?
It’s for everyone who suffered because of the negligence of other people and who needs compensation for the damage caused.
Eligible Parties
In Oregon, the personal representative of the decedent is eligible to file a wrongful death lawsuit if the death was caused by someone else’s wrongful act or omission of another and if the deceased could have filed a lawsuit if they had survived. The lawsuit may benefit the surviving spouse, surviving children, surviving parents, other potential heirs under state law, and stepchildren or stepparents.
Statute of Limitations in Oregon
The lawsuit must be filed within 3 years after the injury causing death is discovered or should have been discovered by either of the following:
- The deceased person (before death)
- The personal representative
- A beneficiary of the lawsuit (unless they caused the death)
There is also an absolute deadline, stating that the lawsuit cannot be filed later than the earliest of:
- Three years after the death of the deceased person or
- The longest period allowed by any other applicable statute of ultimate repose, such as certain personal injuries, negligent injuries to person or property, construction-related damages, property damage from nuclear incidents, etc.
Exceptions to Oregon’s Wrongful Death Statute of Limitations
Understanding the exceptions to Oregon’s wrongful death statute of limitations and navigating the nuances of the statute of ultimate repose might be challenging. This is especially the case for those unfamiliar with legal terms. That is why it is essential to consult professionals who will help you easily navigate the process. If you want professional legal services, contact our experienced personal injury attorneys!
How to File a Wrongful Death Lawsuit in Oregon
If you are wondering how to file a wrongful death suit, follow the below steps:
Step 1: Appointing a Personal Representative
An important first step in the wrongful death lawsuit process is to appoint a personal representative to represent the deceased person’s estate. This is done by filing a petition with the probate court to open an estate.
An attorney, accountant, or other professional might be eligible to act as the personal representative. The appointed person should best represent the beneficiaries’ interests and seek fair compensation for the sustained losses.
Step 2: Choosing the Right Legal Representation
As wrongful death cases require high professionalism and dedication, consulting with experienced wrongful death attorneys in Portland is important. A professional attorney can guide you through the legal process and help you secure maximum compensation.
Step 3: Filing the Initial Complaint
With the help of a professional, the personal representative files a complaint in a given Oregon court. While outlining the basis for the lawsuit, the personal representative should show that the death was due to the responsible party’s wrongful, negligent act or omission of the victim.
Step 4: Notifying the Defendant
Formally notifying the defendant is an important step that needs to be taken after filing legal actions. Skipping this step might put you in serious legal trouble and significantly reduce your chances of getting compensation for the sustained losses.
Step 5: Discovery Phase
During the discovery phase, both the plaintiff and the defendant gather and exchange any pieces of relevant information and evidence that might support their claim.
Step 6: Settlement Negotiations
Many wrongful death cases are resolved before reaching the trial stage. This is thanks to the settlement negotiations phase, where both parties can reach a mutual agreement and thereby resolve the case.
Step 7: Trial (If Necessary)
If the two parties fail to reach a mutually beneficial settlement in the previous phase, they must proceed to the trial stage.
Types of Wrongful Death Compensation in Oregon
Now that you know how to file a wrongful death suit, it is important to understand to what types of wrongful death compensation you are entitled in Oregon.
Economic Damages
These encompass objectively quantifiable monetary losses, such as medical costs, burial and memorial services, lost income, the economic cost of household-related expenses that the victim would otherwise have covered, and other pecuniary losses.
Noneconomic Damages
These cover subjective, non-monetary losses such as emotional and physical pain and suffering damages the decedent went through before their death, loss of parental guidance for the victim’s child(ren), loss of companionship born by family members, etc.
Punitive Damages
Punitive damages aim to punish the wrongdoer for their misconduct. Under Oregon state laws for wrongful death, the legal representative is entitled to punitive damages if the deceased would have had the right to recover such punitive damages if he or she did not die.
What’s the Difference Between an Oregon Wrongful Death Lawsuit and a Survival Action?
The Oregon law entitles you to file a survival action. The action may be filed after the start of the lawsuit or at any time between the incident and the filing of the lawsuit. Whereas a wrongful death lawsuit seeks to address the conduct that led to the decedent’s death, a survival action may involve conduct that is unrelated to the death of the victim. For instance, if one was the victim of a car crash and then died a few months later from a heart attack (that is unrelated to the car crash), you are eligible to file a survival action. This is to ensure that the victim has legal rights after death.
Remember that each case is unique and requires personalized attention. Therefore, we recommend you consult with personal injury lawyers in Portland who specialize in wrongful death lawsuits and who can assist with any aspects of the claim process leading up to fair compensation.
