The loss of a loved one is a heartbreaking experience and can be even more difficult when a death occurs due to negligence. If you’ve lost someone you love and you’re considering bringing a wrongful death claim, against a negligent party, it’s vital to know how Oregon law may apply to your case. At Johnson and Taylor, our personal injury attorneys in Salem help clients understand the wrongful death statute of limitations in Oregon and explain other factors to consider when seeking legal recourse for your losses.
What is a Wrongful Death Claim?
A wrongful death claim enables the personal representative of a deceased person’s estate to bring legal action against the person or entity responsible for their death. Wrongful death claims are intended to hold liable parties accountable and provide compensation for the losses suffered by surviving family members or other beneficiaries of an estate. For example, if your loved one is killed in a fatal car accident caused by a drunk driver, you may be able to bring a claim for damages against them.
Statute of Limitations for Wrongful Death Claims in Oregon
Statutes of limitations help to ensure the timely resolution of disputes. The wrongful death statute of limitations in Oregon is generally three years from the date of the accident or injury that caused the death. This means that a wrongful death lawsuit must be filed within this three-year period, or the right to pursue the claim may be permanently lost.
Although there are certain exceptions to this rule, it’s best to act as soon as possible – valuable evidence can be lost and memories fade. If you believe your loved one died because of someone else’s negligence or malfeasance, our wrongful death lawyers in Salem can evaluate your claim and advise you on the most effective course of action for your case.
How Does Oregon’s Wrongful Death Statute of Limitations Work?
In most cases, the statute of limitations clock begins ticking on the date of the person’s death. However, there are situations in which the wrongful death statute of limitations may be shortened or extended.
In some cases, the deceased person’s loved ones may not be aware that the death was caused by negligence right away. In these situations, the “discovery rule” may apply to the wrongful death statute of limitations. If the wrongful act or its connection to the death isn’t immediately apparent, the statute of limitations may begin from the date the wrongful act was discovered or should have been discovered.
It’s also important to keep in mind that if you’re bringing a wrongful death action against a public entity or government agency, notice of claim periods may apply. These types of claims have very strict procedures and deadlines, so it’s vital to consult a wrongful death attorney who has experience handling these types of claims.
Why Taking Timely Action is So Important
Missing the filing deadline for a wrongful death lawsuit can result in your case being dismissed by the court, regardless of its merits. In most cases, this means that you lose the opportunity to seek compensation and hold responsible parties accountable.
Collecting and preserving evidence as soon as possible is also vital in wrongful death cases. This may include witness statements, photographs, medical records, accident reports, and other relevant documentation. Our wrongful death lawyers can get the ball rolling and ensure all legal requirements are met.
How Our Salem Wrongful Death Lawyers Can Help
Our wrongful death attorneys in Salem understand that it can be daunting to take legal action when you’re grieving the loss of a loved one. We give you a straightforward assessment of your case and provide compassionate legal guidance you can trust. Our team won’t waste your time with unrealistic promises of huge payouts. We help you understand the claims process and how the wrongful death statute of limitations in Oregon may affect your case.
While no amount of money can bring your loved one back, a successful wrongful death claim can help your family find a sense of justice and hold responsible parties accountable. We handle all aspects of your case while keeping you informed every step of the way. Our wrongful death lawyers and personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our team also litigates cases involving estate planning probate and divorce and family law.
Contact Our Wrongful Death Attorneys Salem, Oregon
The nuances of the wrongful death statute of limitations in Oregon can be confusing if you’re unfamiliar with the law. At Johnson and Taylor, our caring team helps make the process as easy as possible while helping you find justice for your loved one. Contact us or call 503-990-6641 to schedule a consultation with a wrongful death lawyer in Salem, OR. Our Spanish-speaking clients can rely on members of our team to provide quality legal services.