Losing a family member because of someone else’s negligence is one of the most painful experiences a person can go through. On top of the emotional toll, surviving family members are often left dealing with unexpected financial burdens that can make things even more difficult. Oregon law allows certain individuals to file a wrongful death lawsuit to seek compensation for these losses, but not everyone is eligible.
If you recently lost a loved one in an accident that was caused by another party’s actions, learning about who has the legal right to file a claim is an important first step. Let our experienced Portland wrongful death lawyers guide you through the legal process.
Oregon’s Wrongful Death Statute
Oregon’s wrongful death law is found in ORS 30.020. Under this statute, a wrongful death claim can be filed when a person’s death is caused by the wrongful act or omission of another party. The claim is brought on behalf of the estate of the deceased and for the benefit of certain surviving family members.
One key distinction under Oregon law is that the wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is the individual appointed to manage the estate, typically through a will or by the court. If no personal representative has been appointed yet, the court can appoint one for the purpose of bringing the lawsuit.
It is worth noting that while the personal representative is the one who actually files the claim, they do so on behalf of the family members who are legally entitled to recover damages.
Who Can Benefit From a Wrongful Death Claim?
Per Oregon law, the damages recovered in a wrongful death lawsuit are distributed to the deceased person’s surviving family members. Oregon law identifies the following individuals as eligible beneficiaries:
- The surviving spouse of the deceased
- The surviving children of the deceased
- The surviving parents of the deceased if there is no surviving spouse or children
Other family members who were financially dependent on the deceased may also qualify in some situations. The specific circumstances of each case will determine who is eligible to receive a share of the recovery.
What Damages Are Available in an Oregon Wrongful Death Case?
A successful wrongful death claim in Oregon can result in several types of damages. These may include:
- Funeral and burial expenses
- Medical bills incurred before the death
- Lost wages and future income the deceased would have earned
- Loss of companionship and emotional support
- Loss of care and guidance for surviving children
- The pain and suffering experienced by the deceased before passing
The personal representative may also be able to recover damages on behalf of the estate itself, such as economic losses suffered between the time of injury and the time of death. This claim is referred to as a survival action and may be brought at the same time as the wrongful death claim.
Contact an Oregon Wrongful Death Attorney for Help With Your Case
Filing a wrongful death lawsuit in Oregon requires meeting specific legal requirements, starting with having the right person bring the claim. If you believe your loved one’s death was caused by another party’s negligence, reaching out to an experienced wrongful death attorney is the best way to learn where you stand.
Call the Portland personal injury attorneys at Sears Injury Law today to get started with your case at (503) 446-5127. We offer a free consultation and work on contingency, which means you only pay attorney’s fees if we win compensation for you.
