FAQs: Oregon Wrongful Death Claims

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Who can make an Oregon wrongful death Claim?

A: The deceased's spouse, children, parents, partner, family members, and other persons who would be entitled 's property.

Do I need a lawyer to help me pursue my Oregon wrongful death claim?

A: Oregon wrongful death claims can be difficult claims to pursue. Oftentimes insurance companies will try and settle these claims quickly for far less than they are worth. These claims are very complicated. You will likely need an economist to determine future earnings of the deceased. You also may need an expert to determine the life expectancy of the deceased to determine the amount of the deceased's lost earnings.

What damages can the survivors recover in an Oregon wrongful death claim?

A: Oregon law limits noneconomic damages, (commonly known as pain and suffering) in wrongful death claims to $500,000. This does not limit wrongful death claims recovery for other damages, such as lost future earnings, medical expenses, loss of companionship, burial expenses, and punitive damages.

Can the survivors still pursue an Oregon wrongful death claim if the deceased was partially at fault in causing their own death?

A: You can still pursue an Oregon wrongful death claim if the deceased was partially at fault. The amount of the recovery will be diminished by the percentage of fault that a jury apportions to the deceased, as long as the portion of fault of the deceased is not greater than the fault of those who you seek recovery from.

How long do you have to pursue an Oregon wrongful death claim?

A: The Oregon laws regarding wrongful death allows survivors three years to pursue a claim from the date the injury that caused the wrongful death is discovered.

What if my personal injury lawyer missed the deadline to pursue a wrongful death claim, can you help?

A. I may be able to help. Please contact me as soon as possible to discuss the specifics of your case. If your Oregon personal injury lawyer messed up a time deadline for your case, you may have a legal malpractice claim against that lawyer (All Oregon lawyers carry manditory professional liability insurance) in which you can recover some money. These type of cases are very complicated.