Portland Wrongful Death Lawyer
When you are hurt in an accident caused by someone else’s reckless actions, you have the right to file a personal injury lawsuit against the offending party. Sadly, there are too many cases where the victim does not survive an accident or event and is therefore unable to bring such a lawsuit. In these situations, Oregon law permits the victim’s estate to bring a special kind of personal injury claim known as a wrongful death lawsuit.
A qualified Portland wrongful death lawyer can advise you if you have lost a loved one due to a negligent or intentional act of another person or legal entity. At Rosenbaum Law Group, PC, we are a team of personal injury lawyers who stand for victims and their families. We understand that no court judgment or monetary award can ever replace a lost family member. But we also know that holding the responsible parties legally accountable for their actions is often a critical step in the healing process.
How Wrongful Death Claims Work in Oregon
A wrongful death is defined in Oregon law as a death “caused by the wrongful act or omission of another.” This includes both unintentional and intentional acts. For example, a wrongful death lawsuit may be filed when:
- The victim died as the result of a car accident.
- The victim died as the result of a criminal act, such as being shot.
- The victim died as the result of professional negligence, such as medical malpractice.
- The victim died as the result of a defective product or device.
The right to file a wrongful death lawsuit belongs to the personal representative of the victim’s estate. A personal representative–sometimes known as an “executive” or “administrator”–is the person charged with managing a deceased individual’s property. If the victim left a will, that document will typically name a personal representative. Absent a will, an Oregon court will appoint a personal representative, usually giving priority to the next of kin.
By pursuing a wrongful death claim, the personal representative can recover a variety of economic damages for both the estate and the victim’s family. Some of the more common wrongful death damages include:
- The expenses of the victim’s burial and funeral.
- The victim’s final medical and hospital bills.
- The lost wages the victim would have likely earned had they survived.
The estate can also seek non-economic damages as compensation for the surviving family’s loss of the victim’s companionship, as well as the victim’s own pain and suffering between the time of their injury and death. As of 2023, however, Oregon law caps such non-economic damages at $500,000.
Contact Rosenbaum Law Group Today
There is a three-year statute of limitations in Oregon wrongful death cases. This clock typically starts to run on the date of the victim’s injury, not their death. And while three years may sound like more than enough time, wrongful death claims often require several months of investigation and preparation. It is therefore critical to begin the process as soon as possible.
If you represent the family of a loved one and need advice from a skilled Portland wrongful death attorney, contact Rosenbaum Law Group, PC, today to schedule a free consultation.
