Wrongful Death
It is undoubtedly heartbreaking and tragic when you go through the untimely death of your loved one. Feelings of confusion, grief, and sadness muddle together, leaving friends and family members not knowing how to recover from the loss. It is even more painful if you lose your loved one due to wrongful death.
Submit Your Request
Wrongful Death Lawyers 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.
The Importance of a Wrongful Death Attorney
It is very unfortunate and tragic when you lose a loved one to a wrongful death. You will feel sad, confused, and disoriented following the untimely passing of a close family member. You might not know how to recover from such a monumental setback or how to manage proceeding events. It is even more painful when the death of your loved one results from violence, negligence, or an unintended wrongful act that leads to the loss of life. When a person loses their life in such circumstances, it is referred to as wrongful death. While it might not be intended, the person behind the act will be held responsible for all damages.
If you have lost your loved one through these unfortunate circumstances, our Portland wrongful death lawyer at Portland Legal Group will give you a free and thorough case evaluation. You will also get essential legal advice regarding your case. It is essential to know whether this is a civil or non-criminal lawsuit. This is because wrongful death cases are not treated the same as manslaughter or other related cases. If an individual commits a crime that leads to the murder of an innocent person, they will be charged with murder, not wrongful death. An attorney will represent your interests in court and provide evidence against the at-fault party.
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.
Free Consultation With a Portland Wrongful Death Lawyer Near You
If you have lost a loved one in circumstances that point to wrongful death, don’t hesitate to ask for help from our dedicated wrongful death attorneys at Portland Legal Group. You should know that these cases can get very complicated, and you need a professional attorney by your side. Thankfully, we have attorneys that have helped many families get justice for victims lost in wrongful death cases. 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. 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
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.