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.
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.
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 Sears Injury Law at (503) 446-5127 so we can put our compassion, experience, and knowledge behind your claim.