When You May Need Wrongful Death Attorneys
When a person dies as a result of someone else’s legal fault, this may lead to a wrongful death claim. Such situations might include:
- Distracted driving leading to fatal car accident
- Workplace accidents (e.g., due to slippery floors) causing fatalities
- Medical malpractice resulting in a patient’s death
- Criminal acts that result in death
- Defective or expired products leading to death
If you have lost a loved one in any of the abovementioned circumstances, a Portland wrongful death lawyer can provide you with the necessary legal support to get compensation for the losses suffered. Navigating personal injury laws is challenging, but it might get easier with the support of the right wrongful death attorney.
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Wrongful Death Lawyer in Portland, Oregon
If you feel you lost a loved one due to a wrongful death, our Portland wrongful death lawyers will give you a thorough, free case evaluation regarding your case. We will also advise on the legal steps to take after the unfortunate incident. It is crucial to know that Oregon has laws on wrongful death cases, and our attorneys will help you understand them. While compensation for the damages will not bring back your loved one, our team will ensure you don’t suffer any financial losses by getting you compensated.
Expert Legal Representation for Wrongful Death Cases in Portland, Oregon
- Personalized Service
We take your unique needs into account to offer you a tailored solution.
- Extensive experience
We have a proven track record of successful cases with maximum compensation.
- Free consultation services
We truly care about our clients and are ready to support them with free case evaluations.
- High-Quality Service
We do everything possible to be the best wrongful death attorneys for our clients who go through challenging times!
Wrongful Death & Fatalities in Oregon
According to Oregon law, wrongful death refers to the death caused by the “wrongful act or omission of another.” In Oregon, certain family members and personal representatives of the deceased are entitled to file a wrongful death claim and seek compensation for the sustained losses.
Below are some key characteristics of Oregon wrongful death laws:
- The action should be commenced within three years after the death injury has been discovered or reasonably should have been discovered.
- Damages can include reasonable charges incurred for medical, funeral, and memorial services for the deceased.
As in any other state and part of the world, navigating the wrongful death laws in Oregon may be very challenging and might require a lot of mental, emotional, and financial input. As the affected parties are already suffering from a huge burden due to the death of their loved ones, taking care of the wide-ranging aspects of this challenging process might add an extra layer of stress. Therefore, consulting with a wrongful death attorney near you is essential for avoiding unnecessary additional stress and navigating the difficult journey as effectively as possible.
The Importance of a Wrongful Death Attorney
Hiring a Portland wrongful death lawyer is crucial for a multitude of reasons:
- Only an experienced attorney can help you navigate the complex world of wrongful death claims. While a beginner in the field might have the necessary knowledge to assist you, some nuances require several years of experience and a successful track record of previous cases.
- Many insurance companies often try to lighten their financial load by minimizing the payout amount and often giving you less than you deserve. An experienced lawyer, such as those at the Portland Legal Group, can help you negotiate effectively and eventually receive full compensation for your sustained physical, emotional, and monetary losses.
- Grief is stressful enough on its own. Having to deal with all the bureaucracy associated with wrongful death claims might completely drain you and lead to an emotional breakdown. An attorney will take care of the legal matters to help you avoid additional stress.
- To receive the compensation you need, you will often have to gather ample evidence and a large variety of arguments to support your claim and establish fault. This might be hard to do completely alone, especially in times of grief. An experienced attorney can help you gather all the needed evidence and prepare all the necessary materials for a successful representation in the courtroom.
If you are looking for a wrongful death lawyer Portland residents can rely on, then the Portland Legal Group is the right place to find who you need.
Common Causes of Wrongful Death in Portland, Oregon
Just like the name suggests, wrongful death cases are often caused by a negligent party. While the at-fault party might not have intended to cause harm, their acts result in a fatality. Many incidents can result in wrongful death. Knowing some of these common causes will help you understand how to handle your wrongful death claim in Portland, Oregon.
- Accidents: When a person is driving recklessly and hits another vehicle, the collision might result in an unintended fatality. In Oregon, the driver who caused the accident will be held responsible for wrongful death and other damages.
- Medical Malpractice: Some doctors can be incompetent, leading to the death of their patients. For instance, when a doctor administers the wrong drug that causes the death of a patient, they will be held accountable for damages.
- Criminal Activities: Criminal activity that results in the death of a person is also a common cause of wrongful death. Activities like violent crime, wrongful acts, and unintentionally causing harm to others count as wrongful death.
- Product Liability Accidents: When product malfunctions and causes the death of innocent users, it counts as wrongful death. Such cases are common in Portland, with manufacturers held accountable for faulty products.
- Premises Liability Accidents: Liability accidents include workplace accidents that result in fatalities. For instance, if an employee slips and falls in a workplace and loses their life, the employer will be held accountable for the loss. Remember that different factors influence the judgment on slip and fall accidents.
How Can You File a Wrongful Death Lawsuit in Oregon?
In Oregon, wrongful death lawsuits are filed by the victim’s survivors, such as spouses or close family members. These lawsuits are filed against companies or individuals that are believed to be responsible for the events leading to the death of a loved one. It is vital to know how to file a lawsuit for swift legal action.
In Oregon, a wrongful death claim is mostly filed by a Portland wrongful death lawyer representing the victim’s family. It can also be filed by a legal representative on behalf of the family. According to Oregon laws, the following parties can legally pursue a wrongful death claim:
- The parents of the victim
- Children of the victim
- The victim’s surviving partner or spouse
Proving Fault in a Wrongful Death Case in Portland, Oregon
From a legal point of view, the plaintiff is the person who files a wrongful death lawsuit against the defendant, the person responsible for the circumstances that resulted in the death of the victim. After the plaintiff files a wrongful death suit, they have to prove every part of the legal claim before getting compensated. Oregon laws state that all parts of the claim must be proved before the plaintiff is awarded compensation.
The plaintiff must prove that:
- The defendant breached their duty of care owed to the deceased
- The defendant owed a duty of care to the accident’s victim
- The defendant’s inaction or action resulted in the death of the victim
For each of the mentioned factors, the plaintiff must produce sufficient evidence against the defendant. Without the required level of evidence, the case might not merit a court hearing. If you are looking to file a wrongful death claim, let our Portland wrongful death attorneys help you out. We are prepared to assess your case and take the necessary steps to help you get compensation. This is crucial for your case.
Damages Attorneys Can Recover in a Wrongful Death Claim
When the family of a deceased person files a wrongful death lawsuit in court, they are eligible to receive financial compensation for all the damages they have suffered since the loss of their loved one. Some of the damages attorneys can recover in a wrongful death claim include:
- Loss of expected wages
- Funeral expenses
- Loss of companionship
- Emotional and psychological distress
- Loss of consortium
You should know that it is not easy to calculate the financial compensation that can be recovered in a wrongful death claim. You will need the help of experienced professionals, including economists and accountants, to help you figure out the claim’s value. When you get in touch with our experienced wrongful death attorneys in Portland, you can be sure of reliable representation. We will treat your case with the care and delicacy it requires so that you can focus on mourning the loss of your loved one.
Hire an Experienced Wrongful Death Law Firm in Portland
At Portland Legal Group, our team of wrongful death lawyers ensures compassionate and effective legal support that will help you restore justice for you and your loved ones.
Our team has years of professional experience handling wrongful death claims and reaching successful settlements for our clients. We consider the nuances of every particular case to ensure a personalized approach for everyone who chooses us.
Call the best personal injury lawyer in Oregon today.
FAQs
Who Can File a Wrongful Death Claim?
In Oregon, the following parties are allowed to file a wrongful death claim:
- The surviving family members of the deceased person
- The legal representative or personal representative of the victim’s estate
- The children of the deceased person
Will a Wrongful Death Case Go to Trial?
Not necessarily. In fact, the majority of wrongful death cases don’t end up at trial, with an estimated 9 in 10 cases settling out of court.
Does The Entire Family Share An Oregon Wrongful Death Settlement Or Jury Verdict?
It depends on the specifics of the case. If a will is present, this should determine how any award will be divided among the family. Otherwise, a judge will make a decision based on the testimony of the claimants and the facts presented to them.
What is the Average Wrongful Death Settlement in Oregon?
There’s no definitive answer to this, as settlements can vary so much from case to case. It all depends on multiple factors, like the age of the victim, their health state prior to death, their income at the time, and so on.
Who Isn't Allowed To File a Wrongful Death Claim in Oregon?
In Oregon, the following parties are not allowed to file a wrongful death claim. However, there might be exceptions for certain circumstances.
- Close friends
- Fiancees
- Girlfriend/Boyfriend
In Oregon, What Does it Take To Prove a Wrongful Death Claim?
Several factors must be met to prove a wrongful death claim in Oregon. The plaintiff’s attorney must provide evidence demonstrating that the following factors are true:
- The defendant breached their duty of care owed to the deceased
- The defendant owed a duty of care to the accident’s victim
- The defendant’s inaction or action resulted in the death of the victim
Do You Need an Attorney To File a Wrongful Death Lawsuit in Portland?
While you can file a wrongful death lawsuit by yourself, it is best to work with an attorney. Trying to navigate the wrongful death claim by yourself can be overwhelming and stressful. An experienced Portland wrongful death attorney will help you navigate the legal process and ensure you get compensated for all damages. All this is done while you focus on mourning the death of your loved one.
How To Get Started With a Wrongful Death Lawsuit?
If you are allowed by law to file a wrongful death lawsuit on behalf of the victim, you should start by contacting an Oregon wrongful death attorney. Talking to an experienced attorney from Portland Legal Group will answer all your questions regarding the case. Besides, the attorney will help you file a wrongful death lawsuit.