Losing a loved one is likely one of the most painful experiences a family can endure. When another party’s negligent or intentional acts kill someone you love, it can be daunting to figure out how to pursue justice. At Johnson and Taylor, our wrongful death attorneys in Salem, Oregon, help clients navigate challenging times and pursue compensation to hold responsible parties accountable. Here, we explain why it is vital to seek the counsel of our experienced personal injury lawyers if you’re considering filing a wrongful death claim in Oregon.
What is Wrongful Death?
Under Oregon law, a wrongful death occurs when a person dies due to the wrongful act or inaction of another party. Some common causes of wrongful death include:
- Auto collisions
- Truck accidents
- Motorcycle crashes
- Pedestrian and bicycle accidents
- Drunk driving crashes
- Slip and fall incidents
- Workplace injuries
Who Can File a Wrongful Death Claim in Oregon?
When someone is killed in a fatal accident, the executor or representative of their estate may be able to seek damages on behalf of certain family members. This typically includes the person’s spouse, children, parents, stepchildren, stepparents, and other family members. If the person didn’t have a will, proceeds from a wrongful death lawsuit are typically distributed according to Oregon’s intestacy laws. Our in-house probate attorneys can help get the right person appointed to be the executor or personal representative of the estate to help review debts and assets, and settle claims.
Understanding how wrongful death cases work in Oregon can be challenging, so it’s essential to hire an attorney who’s well-versed in handling these types of claims. Our experienced wrongful death attorneys evaluate your case at no charge, help you understand your rights, and determine the most effective course of action for recovering compensation.
Types of Damages in Wrongful Death Cases
A wrongful death allows loved ones to pursue economic and non-economic monetary damages even if the at-fault party is facing criminal charges. Our wrongful death attorneys can help you recover compensation for damages such as:
- Medical bills incurred before and after death
- Funeral and burial expenses
- The deceased’s lost income between the injury and their death, and loss of future earning capacity
- The deceased’s pain and suffering before death
- Loss of the deceased’s financial support
- Loss of companionship, care, and services
Although no amount of money can bring a loved one back, wrongful death claims can help families find a sense of justice, accountability, and closure.
Why You Need an Experienced Wrongful Death Attorney
Insurance Companies are Not on Your Side
Trying to navigate a wrongful death claim on your own is stressful and may reduce the amount of compensation you receive, if any. The goal of insurance companies is to protect their bottom line. Even if they seem concerned about your well-being, they do everything in their power to pay as little as possible or deny claims. They often use underhanded tactics to delay the claims process, offer scanty settlement amounts, or deny that their insured client is responsible for your loved one’s death.
Our tenacious wrongful death attorneys ensure that you are not taken advantage of during this difficult time. We know how to counter their tactics and negotiate aggressively on your behalf. If a reasonable settlement can’t be reached, we are prepared to take your case to trial.
Wrongful Death Law in Oregon is Complex
Generally, in Oregon, a wrongful death lawsuit must be filed within three years of the person’s passing (with some exceptions). While this may seem like a long time, valuable evidence can be lost and witness’ memories may fade, which can make it more challenging to prove your claim. It’s also important to ensure you have legal standing to bring a wrongful death action before filing a lawsuit. Our wrongful death lawyers know how to navigate the nuances of the law, ensure your claim is properly filed and all deadlines are met, and present compelling arguments to the insurance adjuster and before a judge and jury.
Our Personal Injury Attorneys Maximize Your Wrongful Death Settlement or Award
It’s easy to underestimate the value of damages in a wrongful death case. Our Salem, Oregon wrongful death lawyers know how to properly calculate complex damages such as the value of a spouse’s companionship and future income a loved one would have earned in their lifetime. We often work closely with medical and financial experts to ensure the amount of compensation you pursue reflects the full impact of your losses.
Why Choose Our Oregon Wrongful Death Lawyers?
After losing someone you love, the last thing you need is to deal with navigating an insurance claim or wrongful death lawsuit. Our compassionate personal injury attorneys handle all aspects of your claim so you can prioritize your well-being and tend to other grieving loved ones.
We don’t waste your time with outlandish promises about huge settlements like some other law firms do. Our personal injury law firm has a proven record of success and is widely respected in Oregon for our compassionate, tenacious approach to helping families find justice.
Our wrongful death lawyers work on a contingency fee basis, which means you don’t pay attorneys’ fees unless we get compensation for you. We serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. In addition to litigating personal injury and wrongful death claims, our attorneys handle cases involving estate planning, probate (statewide) and divorce and family law (Marion, Linn, and Polk counties). Our Spanish-speaking clients can rely on us to provide quality legal representation they can trust.
Contact Our Oregon Wrongful Death Attorneys
At Johnson and Taylor, our team is dedicated to guiding you through your wrongful death case with fortitude and compassion. To schedule a free consultation with a wrongful death lawyer in Salem, Oregon, contact us or call 503-990-6641 today.