Portland Wrongful Death Lawyer

Losing a loved one is one of the hardest things, but when that loss results from someone else’s negligence, the pain can be even more devastating. If you’re facing the death of a family member due to someone’s wrongful actions, you may be able to file a wrongful death claim under Oregon law.

Our experienced Portland wrongful death attorneys recognize the emotional and financial toll these tragic accidents take on surviving family members. We handle every aspect of your wrongful death lawsuit so you can focus on healing.

Our personal injury lawyers work on a contingency fee plan—you only pay us if we recover compensation for you. Contact our wrongful death lawyers today for a free initial consultation.

What Constitutes Wrongful Death Under Oregon Law?

Under Section 30.020 of the Oregon Revised Statutes, a wrongful death is defined as any death caused by the wrongful act or omission of another. In other words, someone is considered to have died a wrongful death if negligence caused their death.

Compensation in Wrongful Death Cases

When a family loses a loved one due to someone else’s negligence or wrongful act, no amount of money can truly compensate for the loss. However, a wrongful death claim may provide financial stability and a sense of justice for the surviving family members.

In Portland, wrongful death compensation typically falls into several categories: economic and non-economic losses.

Economic Damages

Economic damages are quantifiable financial losses resulting from the death. These may include:

• Medical expenses paid before death
• Funeral and burial costs
• Loss of the deceased’s expected earnings
• Loss of benefits (such as health insurance or pension plans)
• Loss of inheritance
• Value of services the deceased would have provided

These damages are typically calculated based on concrete evidence such as medical bills, pay receipts, and expert testimony on future earnings potential. This is where the experience of a Portland wrongful death lawyer can make a big difference in negotiations.

Non-Economic Damages

Non-economic damages are more nuanced and compensate for the intangible losses suffered by the family. These may include:

• Pain and suffering of the deceased before their passing
• Loss of care, comfort, and companionship
• Emotional distress of surviving family members
• Loss of guidance for children

While these damages are harder to quantify, they often form a significant part of a wrongful death claim. In Oregon, there is no cap on non-economic damages in wrongful death cases.

Common Causes of Wrongful Death in Portland

Wrongful death cases in Portland can arise from various circumstances, often involving negligence or misconduct. Understanding these common causes can help families recognize when they may have grounds for a wrongful death claim. Here are some of the most frequent causes we encounter at Siefman Law LLC:

Car Accidents

Car accidents remain a leading cause of wrongful death in Portland. Factors such as distracted speeding, driving, drunk driving, and reckless behavior contribute to fatal collisions. The complexity of these cases often involves dealing with insurance companies and potentially multiple liable parties.

Truck Accidents

Due to their size and weight, accidents involving commercial trucks typically result in catastrophic injuries or fatalities. These cases can be particularly complex, involving federal regulations, multiple responsible parties (drivers, trucking companies, manufacturers), and extensive investigations.

Pedestrian Accidents

Portland’s bustling urban scene puts pedestrians at risk, especially in areas with high traffic or poor visibility. Pedestrian fatalities often occur due to driver negligence, inadequate crosswalk safety, or distracted walking. These cases require a thorough understanding of local traffic laws and pedestrian rights.

Motorcycle Accidents

Accidents involving motorcycles frequently lead to fatal injuries. Common causes include drivers failing to see motorcyclists, unsafe lane changes, or road hazards. These cases typically involve challenging liability disputes and insurance issues.

Bicycle Accidents

As a bike-friendly city, Portland sees its share of bicycle accidents. Fatal bicycle accidents often happen due to drivers not respecting bike lanes, opening car doors without checking, or failing to yield.

Slip and Falls

While not always associated with fatalities, severe slip and fall accidents can lead to wrongful death, particularly among older adults. These cases often involve premises liability law and require proving negligence on the part of property owners or managers.

Catastrophic Injuries

Severe injuries that eventually lead to death, such as critical brain injuries or spinal cord injuries, can form the basis of a wrongful death claim. These cases often involve important medical evidence and long-term care considerations.

Proving Negligence in a Wrongful Death Case

Establishing negligence is crucial in wrongful death cases. Our Portland wrongful death lawyers are skilled at building strong cases that demonstrate how another party’s actions led to your loved one’s death. To prove negligence, we must show:

Duty of Care

We must establish that the at-fault party owed a duty of care to the lost person. This could be a driver’s duty to operate their vehicle safely or a property owner’s duty to maintain safe premises.

Breach of Duty

Next, we need to confirm that the responsible party breached their duty of care. This might involve showing how a drunk driver violated traffic laws or how a medical professional deviated from accepted standards of care.

Causation

We must demonstrate a direct link between the breach of duty and a person’s death. This typically requires expert testimony and a detailed investigation to establish that the fatal injuries resulted from the defendant’s negligence.

Damages

Finally, we need to show that the death caused quantifiable damages. These may include lost income, funeral costs, medical expenses, and non-economic damages like loss of companionship.

Our legal team knows the nuances of Oregon wrongful death law. We work diligently, consult experts, and build a compelling case that clearly establishes negligence. We seek the maximum compensation available for your family’s loss.

Comparative Negligence in Wrongful Death Cases

In Oregon, comparative negligence laws stipulate that if the deceased person was in some way responsible for the accident or incident that led to their death, the compensation granted to the surviving family members may be reduced by the percentage of fault attributed to the deceased.

For instance, if the deceased person was found to be 30% at fault for the accident, the surviving family members would only be able to recover 70% of the total compensation awarded.

Contact Us for a Free Consultation

Each case of wrongful death presents legal complications and requires a nuanced approach to build a strong wrongful death case. At Siefman Law LLC, we have extensive experience handling wrongful death claims. We’ve seen firsthand the emotional and financial toll these tragedies take on families, and we’re ready to seek justice and financial compensation on your behalf.

If you’ve lost a loved one due to any of the circumstances we mentioned or other forms of negligence, don’t hesitate to reach out for a free consultation. Our Portland wrongful death attorneys are here to assist you during this difficult process and fight for the compensation your family deserves.

Filing a lawsuit when you’re grieving may sound like an impossible task, but a wrongful death claim can help you recover the resources you need to cover the expenses and losses related to your family member’s unexpected death.

Our wrongful death attorney, Jeff Siefman, can take care of most of the legal work on your behalf while you and the rest of your family focus on healing from your loss.

Frequently Asked Questions

Who can file a wrongful death claim in Oregon?

Under Oregon law, only the personal representative of the deceased person’s estate can file a wrongful death claim. While the surviving family members—such as a surviving spouse, children, or parents—may receive compensation, the legal action itself must be brought by the personal representative on behalf of the estate and beneficiaries.

What damages can be recovered in a wrongful death lawsuit?

In Oregon wrongful death cases, damages can include medical expenses, burial and funeral expenses, lost wages based on the victim’s life expectancy, and compensation for the loss of companionship or support. In certain cases, punitive damages may also be available if the death resulted from an intentional act or reckless misconduct.

How long do I have to file a wrongful death lawsuit in Portland?

Under the Oregon wrongful death statute, most claims must be filed within three years from the date of the injury or wrongful act, not the date of the victim’s death. Because exceptions may apply, consulting an experienced Portland wrongful death lawyer early in the process is the best way to protect your rights.

Can medical malpractice be a wrongful death claim?

Yes, medical malpractice can lead to a wrongful death claim. If a healthcare provider’s negligence ends up in a patient’s death, their family may have grounds for a wrongful death lawsuit. These cases can happen when doctors, nurses, or hospitals fail to provide care, leading to fatalities.

How is a wrongful death case different from a personal injury claim?

A personal injury claim seeks compensation for injuries suffered by a victim, while a wrongful death case arises after someone’s death caused by another person’s negligence or intentional acts. In a wrongful death action, the victim’s family or estate seeks to recover damages for the losses resulting from the loved one’s death.

What happens if the negligent party’s insurance company denies responsibility?

If the negligent party or their insurance company disputes liability, your Portland wrongful death attorney may need to pursue legal action through a wrongful death lawsuit. This can involve presenting medical records, witness accounts, and other evidence to establish fault and help the victim’s family secure fair compensation.

What if I’m unsure whether my loved one’s death qualifies for a wrongful death claim?

If you believe your loved one’s death may have resulted from someone else’s negligence, it’s best to speak with an Oregon wrongful death lawyer for a free consultation. They can review the facts, determine whether pursuing legal action is appropriate, and help you understand what to expect from the claims process.