The untimely or unexpected death of a loved one always feels wrong to those left behind, but when the death was preventable and only occurred because of someone else’s careless, reckless, or intentionally wrongful action, the law also considers it a wrongful death. Although no legal action can bring back a lost loved one, Oregon offers robust protections for the families of those who’ve lost a family member and provider. Call the Portland personal injury attorneys at Sears Injury Law to schedule a free consultation and learn about your family’s recovery right.
Why Choose Sears Injury Law for Your Wrongful Death Claim In Portland?
The compassionate legal advocates at Sears Injury Law have over 100 years of combined experience navigating personal injury and wrongful death cases, with a history of exceptional results. Representation by a Portland wrongful death lawyer from Sears Injury Law brings the following advantages:
- A trial-ready attorney prepares your family’s case for court to make a more compelling case for a low-conflict settlement
- The winning combination of legal prowess and compassion builds a strong case on your family’s behalf
- Years of experience, knowledge, and access to key resources advance your case to a favorable result
Sears Injury Law’s reputation and track record of success put a powerful voice behind your Portland wrongful death claim. Get in touch with our team of dedicated Portland wrongful death attorneys today.
Wrongful Death Law in Oregon
Under Oregon law, a wrongful death occurs when someone’s life is lost due to another person or entity’s “wrongful act or omission.” The purpose of this area of the law is to provide surviving family members a civil avenue for justice and financial recovery, separate from any criminal proceedings that may arise from the same event.
Unlike criminal cases, which focus on punishing wrongdoing, a wrongful death claim seeks to compensate the family for the harm caused by the loss. Importantly, you can still win your wrongful death claim regardless of how any related criminal proceedings ultimately conclude. That’s because the standard of proof in a civil claim (by a preponderance of the evidence) is lower than that in a criminal case (beyond a reasonable doubt).
Note as well that Oregon also allows for a “survival action” in these circumstances per state law in ORS 30.075, which is essentially the personal injury claim your loved one would have had, had they survived. This can provide further compensation to you and your family members in many cases.
Who Can File a Wrongful Death Claim In Portland?
Under ORS 30. 020, Oregon’s wrongful death laws, only a legal representative of the decedent’s estate may file a wrongful death claim. This is typically the executor of the decedent’s estate or a personal representative appointed by the court if the decedent left no will or estate plan. The compensation gained through a settlement or court award for the family’s damages is distributed by the state’s intestacy or inheritance laws, usually to the closest surviving family member, such as a spouse, parent, or child. This law prevents distant family members from profiting from the death and ensures that those who suffer the economic impacts of the loss recover reasonable compensation for their damages.
What Can I Recover In a Wrongful Death Claim?
The death of a loved one brings financial consequences as well as grief and anguish, especially when the loved one was a family provider. A successful Portland wrongful death claim holds the at-fault party financially accountable for the loss, typically through the appropriate insurance policy. Common damages recovered in wrongful death claims include the following:
- Medical expenses from before the death if the decedent received medical care
- Funeral and burial costs
- Lost income
- Future lost earnings and benefits for the number of working years the decedent would have had remaining
- Loss of household services
- Compensation for grief and anguish
Oregon does not place a cap on economic damages in wrongful death claims, but it caps recoverable non-economic damages to $500,000. Non-economic damages in wrongful death claims include emotional grief and anguish, loss of companionship, loss of consortium, and the loss of a parent’s support and guidance.
If the death resulted from egregious wrongdoing, the family could also receive punitive damages, which are awarded as a punishment and deterrent to the wrongdoer. Our Portland wrongful death lawyers will work to ensure you recover maximum compensation for any resulting damages.
What Is Negligence and How Do I Prove It in a Portland Wrongful Death Case?
Most wrongful death cases are based on negligence, which means a person or entity failed to act with reasonable care and caused someone’s death. To establish negligence under Oregon law, you must prove four key elements:
- Duty of care: The at-fault party owed a legal obligation to act safely or responsibly
- Breach: They violated that duty by acting wrongfully in some way
- Causation: Their conduct directly led to the victim’s death and was the proximate cause as well
- Damages: The surviving family suffered measurable losses as a result
Evidence such as police reports, expert testimony, and physical evidence from the accident scene can help prove these elements. Our wrongful death attorneys in Portland know how to build a successful case that demonstrates liability clearly and that stands up to scrutiny.
How Much Is My Family’s Portland Wrongful Death Claim Worth?
No amount of money can ever replace a lost loved one, but a wrongful death claim can help your family find stability after tragedy as best as the law allows. The value of these cases depends on the unique circumstances surrounding the death, including the financial and emotional toll it has taken on your family.
Our lawyers at Sears Injury Law evaluate each case individually by examining several key factors, such as:
- The age, health, and earning potential of the deceased
- The level of financial support they provided to the family
- The nature of the accident and the strength of the evidence
- Insurance policy terms and limits
- The degree of pain and suffering your loved one experienced before their death
- Whether the at-fault party acted egregiously, such as with malice or gross negligence
Our legal team will work closely with experts as needed to calculate the full value of your claim and ensure that every aspect of your family’s loss is recognized.
Will My Portland Wrongful Death Case Go to Trial?
Most wrongful death cases in Oregon are resolved through settlements rather than going to trial. Insurance companies and defense attorneys often prefer to avoid the uncertainty and expense of court proceedings. Still, every case is different at the end of the day, and your family’s claim could reach trial if the at-fault party continually refuses to accept responsibility and/or disputes the amount of compensation owed.
At Sears Injury Law, we prepare every wrongful death case as if it will go before a jury. This thorough approach strengthens your position during settlement negotiations and ensures that, if trial becomes necessary, we are fully ready to present compelling evidence and testimony on your behalf.
How Does Oregon’s Comparative Fault Statute Apply to Wrongful Death Claims?
Oregon follows a modified comparative fault statute. This means your family can still recover compensation even if your loved one was partially at fault for the accident, as long as their share of responsibility does not exceed 50%.
However, the total damages will be reduced by the percentage of fault assigned. For example, if the court finds your loved one 20% at fault and the damages total $500,000, your family could still recover $400,000.
Insurance companies frequently use this law to try to reduce their financial liability. Sears Injury Law will push back against unfair blame and work to protect your right to full and fair compensation.
We Can Help With Any Type of Wrongful Death Case in Portland
Our legal team has extensive experience handling all types of wrongful death cases throughout the State of Oregon. Whether your loved one’s death resulted from an accident or an intentional act, we can help you pursue justice.
We handle wrongful death cases involving:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Slip and fall accidents
- And more
If you’re unsure whether you have a valid claim, our wrongful death lawyers in Oregon can review the facts and explain your options during a free consultation.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Portland?
At Sears Injury Law, we know families are often under financial strain after losing a loved one. That’s why we represent clients on a contingency fee basis.
This means you won’t pay any upfront costs or hourly fees to hire us. Our law firm only receives payment for attorney’s fees if we successfully recover compensation for your case, usually around 33% of your settlement or verdict.
This approach ensures that anyone can afford high-quality legal representation, regardless of their financial circumstances. It also motivates our attorneys to fight for the largest possible recovery for your family.
How a Portland Wrongful Death Attorney With Sears Injury Law Can Help
Wrongful death claims often involve complex investigations and high financial stakes. Insurance companies and other defendants may have vast resources at their disposal and do everything they can to try and minimize their liability. Having a skilled Portland wrongful death attorney on your side levels the playing field.
When you hire Sears Injury Law, we’ll handle every part of your case, including:
- Investigating how the fatal accident occurred and who was responsible
- Gathering police reports, medical records, and witness testimony
- Consulting with expert witnesses to make your claim even stronger as needed
- Calculating the full value of your family’s financial and emotional losses
- Handling communications and negotiations with insurance companies
- Filing a lawsuit and representing you in court if necessary
Our legal team approaches every case with the utmost sensitivity and determination. We understand that you’re not just pursuing compensation, you’re seeking accountability and closure.
How Long Do I Have to File a Wrongful Death Claim In Portland?
The statute of limitations for personal injury claims in Oregon is two years, but the state allows up to three years from the date of death for a wrongful death claim. Still, it’s beneficial to take prompt action to ensure the case moves forward while evidence is available for a compelling claim.
Call the Portland Wrongful Death Attorneys at Sears Injury Law
If the circumstances of a loved one’s death were such that they could have filed a personal injury claim had they survived their injury, then the family may file a wrongful death claim through the decedent’s personal representative. If you lost a loved one under these circumstances and face economic losses, call the Portland wrongful death attorneys at Sears Injury Law at (503) 446-5127 so we can put our compassion, experience, and knowledge behind your claim.
