Close-up of a car with a broken windshield after a fatal crash.

How Compensation is Determined after a Fatal Accident in Oregon

April 8, 2025
Ryan M. Johnson
Ryan Johnson

Losing someone you love in a fatal accident is obviously life-changing. The emotional and financial fallout can be devastating, and feelings of grief and anger are often compounded when a death is caused by someone else’s wrongdoing. At Johnson and Taylor, our wrongful death lawyers in Salem, Oregon are well-versed in the complex elements of determining compensation for fatal accidents in Oregon. Knowing how this process works can help you better understand the factors involved and why hiring a us is so important.

What Is a Wrongful Death Claim?

When a person dies as a result of another party’s negligence or intentional misconduct, loved ones of the deceased may be entitled to file a wrongful death claim against those who are at fault. The purpose of this type of claim is to provide surviving family members with financial compensation for the losses they’ve suffered due to their loved one’s death.

Although no amount of money can change what happened, a wrongful death claim can give families a sense of justice and help ease the financial burden they may be facing. Whether a claim involves a car crash or someone is killed due to dangerous conditions on a property owner’s premises, our wrongful death lawyers can help you pursue the compensation you deserve.

Calculating Compensation for Fatal Accidents

There is no set formula for determining the value of a wrongful death claim. Each case is unique, and our accident lawyers do a detailed analysis of both economic and non-economic damages to determine what a claim is worth.

Economic Damages

Economic damages are quantifiable financial losses that result from a victim’s death. They may include:

  • Cost of medical treatment incurred before the death, such as ambulance services and emergency care
  • Funeral and burial costs
  • Lost income and future earnings of the deceased
  • Loss of benefits, including health insurance, retirement funds, and other employment-related compensation.
  • The value of caregiving or household services that the deceased person provided

Determining the cost of damages like medical bills is fairly straightforward, but calculating lifelong income and the value of employment benefits is more challenging. Our wrongful death attorneys work with economists and other financial experts to accurately estimate all economic damages.

A common way to calculate the amount of economic damages is to multiply the deceased’s annual earnings and employment benefits by the remaining years they were expected to work. In addition, we look at the actual cost of medical treatment, funeral and burial arrangements, and household services. These figures may also be adjusted for inflation, taxes, and present value. Our fatal accident lawyers ensure that all possible sources of compensation are properly identified and fully reflect your family’s current and future financial needs.

Non-Economic Damages

Non-economic damages are the intangible losses suffered by surviving family members, which may include a person’s spouse, children, parents, or other relatives. Fatal accident compensation for non-economic damages includes:

  • Pain and suffering of the deceased before their death
  • Loss of companionship, guidance, and emotional support for loved ones
  • Mental and emotional distress of surviving family members

Although non-economic damages are more difficult to quantify, they are no less important than the tangible costs of a loved one’s death. Our attorneys understand that these losses are often deeply felt and cause serious anguish. We take the time to listen to how your loved one’s death has impacted your family’s emotional and mental health and do everything in our power to help you find healing.

To determine the value of these types of fatal accident damages, our wrongful death lawyers and qualified experts consider the deceased’s role in the family, the quality of their relationships, and the emotional impact of the loss on surviving family members. Our attorneys approach this process with compassion and create a compelling narrative that resonates with juries, judges, and insurance companies by emphasizing the humanity of the deceased and demonstrating the personal toll their loss has taken on the family.

Our Compassionate Team Handles All Aspects of Your Case so You Can Focus on Healing

Our personal injury law firm has built a reputation for relentless advocacy and compassionate representation with the Oregon legal community. We have a proven record of success and work tirelessly to achieve meaningful results for grieving families. We believe that compensation for fatal accidents isn’t just about money – it’s about helping you find the justice and recourse you deserve to heal and move forward from this challenging time.

Maximizing Compensation

The amount of compensation you receive in a wrongful death settlement or award significantly depends on the legal representation you choose. Without an experienced fatal accident attorney by your side, you risk settling for much less than you and your loved ones need and deserve. Insurance companies always look for ways to minimize payouts and deny claims – we handle all communications with insurers and aggressively negotiate to achieve the best possible outcome for your case. We don’t back down – our personal injury attorneys are seasoned litigators who will take your case to trial if necessary.

Your initial consultation is free, and our wrongful death lawyers take cases on contingency, which means you won’t pay attorneys’ fees unless we recover 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). We also provide top-notch legal representation that our Spanish-speaking clients can trust.

Contact Us to Learn More about Compensation for Fatalities in Oregon

At Johnson and Taylor, we know that after the loss of a loved one you may be overwhelmed and uncertain about what the future holds. Our compassionate, tenacious team is here to guide you through the legal process and ensure that any fatal accident compensation you seek holds responsible parties accountable and protects your financial security. To schedule a free consultation with a wrongful death attorney in Salem, Oregon, contact us or call 503-990-6641 today.