Salem Wrongful Death Attorneys

Common Causes of Wrongful Death Actions

A wrongful death can occur in a variety of situations, including:

• Auto Accidents
• Truck Accidents
• Workplace Accidents
• Motorcycle Accidents
• Slip-and-Fall Accidents
• Drunk Driving Accidents
• Bike and Pedestrian Accidents
• Distracted or Aggressive Driving Accidents

Who Can File a Wrongful Death Claim?

Only certain individuals are entitled to file a wrongful death claim. The action must be brought by the personal representative of the deceased person’s estate on behalf of the surviving family members or beneficiaries. If no will exists or a personal representative is not named, the court may appoint a representative, who is typically a spouse, child, parent, or other immediate family member. 

We help families take timely action by identifying which parties may have legal standing and gathering critical evidence like medical records, accident reports, and financial documentation. If there are multiple parties or insurers involved, we can handle all communications to keep the case focused on accountability. Our lawyers also assist with probate and estate planning tasks that often arise alongside a wrongful death case.

What Is the Deadline for Filing a Wrongful Death Claim?

The deadline or statute of limitations for filing a wrongful death claim in Oregon is three years from the date of the accident (ORS § 30.020(1)). Failure to file within this timeframe can bar you from seeking damages. We recommend consulting with our attorneys as soon as possible to protect your right to justice and compensation. 

What Is the Difference Between Wrongful Death & Survival Actions?

Wrongful death and survival actions are related, but serve different purposes. A wrongful death claim is brought on behalf of surviving family members to compensate for losses experienced as a result of the death, while a survival action is brought on behalf of the estate and addresses the harm the individual suffered before passing.

Survival actions typically involve damages the deceased could have pursued if they had survived, such as pain and suffering endured prior to death and lost wages between the injury and death. These claims are often filed with wrongful death actions and arise from the same incident, such as a car crash, workplace accident, or medical error.

We can explain how these claims work together under state law, calculate potential damages, and coordinate both actions within a single legal strategy. By handling the investigation, evidence, and claim preparation, we aggressively pursue accountability while allowing families to grieve and honor their loved one’s life. 

How We Work to Maximize Your Recovery in Wrongful Death Actions

While no amount of money can replace your loved one, pursuing accountability can provide a sense of closure. Our firm refuses to accept lowball offers that fail to reflect the magnitude of your loss.

 Below are some ways that we work to maximize financial recoveries in wrongful death actions:

Quantifying the True Lifetime Cost of Your Loss

Insurance companies are quick to offer settlements that barely cover outstanding hospital bills and funeral costs. We collaborate with financial experts to calculate the total lifelong impact of your tragedy and pursue fair compensation. 

Identifying Every Liable Party & Insurance Policy

In complex fatal accidents, liability rarely falls on just one person. We dig deeper to uncover third-party liability involving negligent employers, vehicle manufacturers, or alcohol establishments under Oregon’s dram shop laws.

Addressing Bad-Faith Insurance Tactics

Adjusters may try to use the grieving process against you by pushing for a quick settlement. We can step in to handle negotiations and prevent greedy insurers from taking advantage of your family during this vulnerable time. 

Building a Trial-Ready Case from Day One

By preserving physical evidence, securing expert testimony, and building a trial-ready case from the very beginning, we work to eliminate the insurance company’s leverage and force them to the negotiating table.

Contact Our Top-Rated Injury Lawyers for a Free Consultation 

Losing a loved one can be heartbreaking, and your family deserves justice. We can investigate the circumstances of the death, identify all potential sources of compensation, and stand up to insurance companies that are only concerned about their bottom lines. Our attorneys work on a contingency fee basis, meaning you won’t owe any upfront costs until we recover compensation or settle your claim. 

Seeking justice after the loss of a loved one can be challenging, but you don’t have to face it alone. Call (971) 318-5516 to schedule a free consultation.

Frequently Asked Questions

What Evidence Is Needed to Support a Wrongful Death Claim?

A successful wrongful death claim often depends on the strength of the evidence connecting another party’s negligence to the death. Important evidence may include accident reports, medical records, witness statements, photographs, video footage, employment records, financial documents, and expert testimony. An attorney can help collect and preserve critical evidence while building a case that demonstrates liability and damages.

How Do You Prove Negligence in a Wrongful Death Case?

To establish negligence, the surviving family members or estate generally must show that another party owed a duty of care, breached that duty, and caused the death and resulting losses. For example, a driver may be responsible for failing to follow traffic laws, or a property owner may be liable for failing to address a dangerous condition. Each case requires a detailed investigation into the specific circumstances surrounding the death.

Can a Wrongful Death Claim Be Filed If the Person Did Not Have a Job?

Yes. A person’s financial contributions are only one part of the losses considered in a wrongful death claim. Families may also seek compensation for the loss of companionship, guidance, household services, emotional support, and other meaningful contributions the deceased provided. The value of these losses depends on the unique circumstances of the family and relationship.

What If Multiple Parties Were Responsible for My Loved One’s Death?

Some wrongful death cases involve more than one potentially responsible party. For example, a fatal vehicle accident may involve a negligent driver, an employer, a vehicle manufacturer, or another third party. Identifying every source of liability can be important to pursuing the full compensation available for your family’s losses.

Can I File a Wrongful Death Claim After a Criminal Case Has Been Filed?

Yes. A wrongful death claim is a separate civil action from a criminal prosecution. Even if criminal charges are filed against the responsible party, surviving family members may still have the right to pursue compensation through a civil claim. The outcome of a criminal case does not necessarily determine whether a wrongful death claim can succeed.

How Are Wrongful Death Settlements Divided Among Family Members?

The distribution of wrongful death compensation depends on Oregon law, the circumstances of the family relationships, and the parties who are legally entitled to recover damages. The personal representative of the estate typically handles the claim on behalf of eligible beneficiaries. An attorney can help clarify who may be entitled to compensation and how damages may be allocated.

What Happens If the Insurance Company Offers a Settlement After a Loved One’s Death?

Insurance companies may offer quick settlements shortly after a fatal accident, but these offers may not reflect the full extent of a family’s losses. Accepting a settlement too soon can limit future recovery options. Before agreeing to any offer, it is important to understand the value of the claim and whether the settlement accounts for all available damages.

How Can a Wrongful Death Attorney Help My Family?

A wrongful death attorney can handle the legal and investigative aspects of the claim while your family focuses on grieving. This may include determining liability, gathering evidence, identifying all responsible parties, calculating damages, communicating with insurers, negotiating settlements, and pursuing litigation when necessary to seek accountability.