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Losing a loved one is always hard, 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 fee contingency plan — you only pay us if we recover compensation for you. Contact our wrongful death lawyers today for a free initial consultation.
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.
Negligence can be a physical assault or shooting, as well as accidental actions, such as drunk driving or distracted driving accidents. Negligence can also involve someone failing to act when required to do so, such as certain forms of premises liabilities.
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 two categories: economic and non-economic losses.
Economic damages are quantifiable financial losses resulting from the death. These may include:
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 are more nuanced and compensate for the intangible losses suffered by the family. These may include:
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.
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 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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
In most states, the deceased’s immediate family members – their surviving spouse, children, and parents – are eligible to file a claim, as is the representative of the deceased’s estate. In Oregon, however, only the personal representative of the deceased’s estate may file a wrongful death claim. In the event the deceased filed a personal injury claim and died before the case reached its conclusion, the personal representative of the deceased’s estates can continue that claim on behalf of the deceased.
All personal injury claims in Oregon, including wrongful death claims, are subject to time limits outlined in the state’s statute of limitations. Oregon wrongful death cases must be filed within a three-year statute of limitations.
In a wrongful death case, families can typically recover several types of damages:
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.
Establishing fault in a wrongful death case depends on four elements of negligence. First, it must be shown that the other party owed a duty of care to the person who passed. Next, it must be proven that the defendant breached this duty. The third element, causation, requires demonstrating a link between the breach of duty and the deceased person’s death. Additionally, the injured party must show that the death ended in real damages, such as medical expenses, funeral costs, and loss of income. A skilled Portland wrongful death attorney can help build a persuasive case to establish fault and secure the compensation your family deserves.