The loss of a loved one is life-altering and can leave families devastated and unsure of where to turn. If someone you love was killed due to another party’s negligence, you may be able to recover damages by filing a wrongful death claim against them. At Johnson and Taylor, our wrongful death lawyers help clients throughout Oregon find accountability and justice for their lost loved ones. Knowing who can bring a wrongful death claim in Oregon can help you understand how the process works and ensure that all rightful parties pursue the compensation they need and deserve.
Parties Who Can Bring a Wrongful Death Claim in Oregon
Like many other states, in Oregon, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. However, the initial investigation and insurance claim can usually be started even without an officially appointed personal representative. Eventually, a personal representative may have to be approved. This person is either named as the executor in a will or appointed by the probate court. They are responsible for managing the estate, which includes bringing legal claims on the beneficiaries’ behalf and distribution of assets.
Beneficiaries Who May Receive Compensation from a Wrongful Death Claim
Although the personal representative is the only person who can bring a wrongful death claim in Oregon, any compensation recovered is for the benefit of the deceased’s beneficiaries. Generally, the following parties may be entitled to proceeds from a wrongful death claim:
- Spouse
- Biological and adopted children
- Parents of minor children
In some cases, parents of an adult child or other relatives, such as siblings, grandparents, or stepchildren may be considered beneficiaries of a wrongful death claim. Each case is unique, and whether someone is entitled to recover compensation depends on the specific circumstances and whether the parties were dependent on the deceased. If don’t know whether you have a valid wrongful death claim, our personal injury lawyers can assess your case and explain how Oregon law applies.
Types of Wrongful Death Damages
Damages in wrongful death claims are intended to compensate family members for the losses and suffering that resulted from their loved one’s death. Our wrongful death attorneys in Salem may be able to help you recover economic and noneconomic damages such as:
- Medical expenses for treatment related to the injury that caused the death
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned if they had lived
- Loss of services for the value of household services the deceased provided
- Physical and emotional pain and suffering the deceased experienced before their death
- Loss of companionship for the loss of love and guidance suffered by the survivors
- Loss of consortium for the loss of spousal companionship and support
- Emotional distress for the emotional impact of the loss on the surviving family members
In cases where a wrongdoer’s behavior was particularly egregious, punitive damages may be awarded. These damages are designed to punish the defendant and deter them and others from committing similar acts in the future.
The specific damages and amounts awarded vary depending on the circumstances of the case. Our wrongful death lawyers know how to collect relevant evidence and put it all together to demonstrate the far-reaching impact of your loved one’s passing.
Filing a Wrongful Death Claim in Oregon
If there is no personal representative for an estate, a petition must be filed with the probate court to appoint one. Potential beneficiaries and interested parties should also be notified of the deceased’s passing. Our team includes experienced probate lawyers who can assist you with this process.
The statute of limitations for wrongful death claims in Oregon is usually three years (however, some important exceptions may apply which could shorten the time significantly). It’s important to take prompt action or you could lose the right to bring a claim against any liable parties. Your wrongful death attorney will ensure all deadlines are met and paperwork is filed with insurers and/or the appropriate court.
Most wrongful death cases are settled out of court. Our accident lawyers are seasoned negotiators who fight to help you recover the compensation you deserve. Our collaborative negotiation style often helps clients save time, headaches, and money. However, if a reasonable settlement cannot be reached, our experienced litigators will take your case to trial.
The compensation recovered in a wrongful death claim is distributed among the beneficiaries according to Oregon law. It’s typically handled through the probate court, which ensures that the funds are allocated fairly based on the relationships and dependencies of beneficiaries.
Trust Our Wrongful Death Lawyers to Be Your Staunch Advocates
Navigating a wrongful death claim is complex, but our compassionate team can help make the process less stressful and give you the best chance of recovering the compensation you deserve. Our wrongful death lawyers offer candid advice and tell you what you need to hear, not just what you want to hear. Unlike larger personal injury law firms, we don’t provide empty promises and won’t waste your resources fighting for unreachable goals.
Our attorneys are well-respected by judges and others in the Oregon legal community. To find out if our team is right for you, check out our online reviews and give us a call. Our wrongful death lawyers 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, divorce, and family law.
Contact Our Salem Wrongful Death Lawyers Today
At Johnson and Taylor, we’re dedicated to helping families put their lives back together after the wrongful death of a loved one. If you’re unsure about who can bring a wrongful death claim in Oregon, we can help. Contact us or call 503-990-6641 to schedule a consultation today. Our team includes legal professionals who provide quality legal services to our Spanish-speaking clients.