When you’ve lost a loved one due to someone else’s negligence, the emotional and financial fallout can leave you wondering how to find justice and accountability. Our compassionate, experienced wrongful death lawyers at Johnson and Taylor can help you pursue compensation for your losses, but it’s important to take action as soon as possible. Here, we explain the wrongful death statute of limitations in Oregon and exceptions that may shorten or extend important deadlines.
What is the Wrongful Death Statute of Limitations in Oregon?
Generally, the statute of limitations for wrongful death in Oregon is three years from the date of the injury or accident that caused death. For example, if your loved one was hurt in a motorcycle crash on May 1st but succumbed to their injuries and died on June 17th, the three-year wrongful death statute of limitations would begin on May 1st, not June 17th.
Our Oregon wrongful death attorneys know that when you’re grieving, filing a lawsuit and learning about nuances in the law are probably the last thing on your mind. However, waiting too long to take action can result in losing the right to recover compensation at all, regardless of how strong your claim may be. Our compassionate team handles all aspects of your case so you and your family can focus on supporting each other through this difficult time.
Factors that May Impact the Wrongful Death Statute of Limitations
Depending on the specific circumstances, the three-year deadline to file a wrongful death lawsuit may be shortened or extended.
Delayed Discovery of Injury
Known as the discovery rule, the statute of limitations for wrongful death in Oregon may be extended if the cause of death wasn’t immediately identified. This means that if the deceased’s loved ones didn’t know or reasonably couldn’t have known that the death was caused by negligence until months or years down the road, the statute of limitations clock may start from the date of discovery instead of the date of injury or death.
However, delayed discovery can be challenging or impossible to prove, and the court may dismiss your case if you don’t have an experienced lawyer by your side to help present the evidence correctly. Our wrongful death attorneys know how to gather relevant evidence and build compelling arguments to support delayed discovery if it’s applicable in your case.
Minors Who Have Lost a Loved One
If a person who’s eligible to file a wrongful death claim is a minor, the statute of limitations may be paused (tolled) until they reach the age of 18. However, Oregon courts have discretion to limit how long the delay may be extended. These rules can be convoluted and hard to understand, so it’s vital to consult with our wrongful death lawyers to ensure you file before the deadline.
Fraud or Concealment
If the at-fault party committed fraud or deliberately concealed their actions that led to your loved one’s passing, the wrongful death statute of limitations may be extended from the date the concealment was discovered.
Actions Against the Government or Dram Shop Claims
If the negligent party is a municipality or another government agency, you must file a formal notice of claim before proceeding with a wrongful death lawsuit. Generally, the deadline for a notice of claim in personal injury cases is 180 days, but if an injury results in death, the family has one year from the date of the accident or injury to submit their notice of claim.
This is also true in dram shop claims, which hold bars and other establishments liable if they serve alcohol to a visibly intoxicated person who causes harm to someone else. Failure to file a notice of claim in either case can prohibit you from bringing a lawsuit at all. That’s why it’s vital to seek the counsel of our wrongful death lawyers as soon as you can. We can help you understand the process of filing a notice of claim and ensure it’s done properly and on time.
Why Taking Swift Action is Important after the Wrongful Death of a Loved One
Although three years may seem like a lot of time, wrongful death cases are complex and require substantial preparation. The more time that passes, the more likely it is for vital evidence to be lost and witnesses’ memories to fade. Our wrongful death lawyers can thoroughly investigate the circumstances of the death and gather evidence like police reports, surveillance footage, and witness statements.
We often work with medical experts, accident reconstructionists, and engineers to establish how an accident happened and the cause of death. If your case goes to trial, it can take a significant amount of time to properly prepare witnesses and develop effective legal strategies and arguments.
No matter how compelling a case is, missing the statute of limitations for wrongful death in Oregon means that it will likely be dismissed. This could leave you and your loved ones without any recourse for recovering damages like medical bills, funeral and burial expenses, and your emotional anguish and financial losses. Unfortunately, you’ll also miss the opportunity to hold responsible parties accountable for their negligent actions.
Our experienced legal team knows how to move quickly while thoroughly investigating your case, negotiating with insurers, and handling all other aspects of your wrongful death claim. The sooner you get in touch, the better your chances of a successful outcome for your case.
How Our Wrongful Death Lawyers Can Help
Our caring, tenacious wrongful death attorneys know the stakes are high when fighting for justice for your loved one and your family. We provide a straightforward assessment of your case at no cost and won’t waste your time or money with empty promises about unrealistic settlements. Whether you’re unsure about whether you have cause to file a wrongful death claim or need help with taking action against a government entity, our team has the experience and knowledge required to help you meet critical deadlines and fight to help you find the justice and financial security you deserve.
Our wrongful death lawyers work on a contingency fee basis, 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 practice areas include estate planning, probate (statewide) and divorce and family law (Marion, Linn, and Polk counties). We provide our Spanish-speaking clients with quality legal representation they can trust.
Contact a Wrongful Death Lawyer in Oregon Today
At Johnson and Taylor, our compassionate team has the knowledge and determination necessary to help you and your family get through tough times and find justice for your loved one. To learn more about the wrongful death statute of limitations in Oregon or to schedule a free consultation with a wrongful death attorney in Salem, Oregon, contact us or call 503-990-6641.
