At the Law Offices of Jon Friedman, our wrongful death lawyers in Portland, Oregon, understand that losing a loved one to another person or party’s negligence is devastating and is compounded by the physical and emotional loss of the deceased’s love, affection, and ability to provide for their families.
We also understand that wrongful death cases are complex, as we must prove that the alleged liable party caused death due to negligence or strict liability.
Our Portland wrongful death attorneys will review the circumstances of your loss and provide straightforward answers to your legal questions, so you can focus on grieving while we explore your potential recovery options.
How is the Term “Wrongful Death” Defined under Oregon Law?
A wrongful death claim is a civil cause of action. To hold another party legally responsible for your family member’s death through a wrongful death lawsuit, you must prove fault. It is crucial that you understand how the term “wrongful death” is actually defined under Oregon state law. A “wrongful death” occurs when a person dies due to the wrongful act or omission of another person or entity (business, organization, etc). The definition is codified in the Oregon Revised Statutes (ORS) 30.020. Notably, the term encompasses deaths resulting from negligence, recklessness, or intentional misconduct. In other words, if the deceased could have filed a personal injury claim had they survived, a wrongful death claim is appropriate. As these are fault-based legal cases, all fatal accidents require a comprehensive investigation by an experienced Portland wrongful death lawyer.
What are the Most Common Causes of Wrongful Death in Oregon?
Accidental death claims are filed against a person or party that can be held liable for a death caused by their negligent or reckless actions or inaction.
Because of the broad definition of the statute, many different factors can lead to the loss of a loved one, including:
Our Oregon wrongful death statute outlines the family members who can pursue a claim based on their relationship with the deceased.
They include:
Spouse
Children
Parents
In some instances, grandparents, stepparents, and stepchildren may qualify as beneficiaries.
Who Can Benefit from a Wrongful Death Claim in Oregon?
An untimely death can adversely impact an enormous number of people. It could take a toll on an entire community. However, unfortunately, not every person who had a close relationship with the decedent has rights under our state’s wrongful death laws. In Oregon, the beneficiaries of a wrongful death claim are identified by Oregon statute, ORS 30.020. The personal representative of the decedent’s estate files the lawsuit on behalf of these beneficiaries.
How to Prove Negligence in a Portland, OR, Wrongful Death Case
Wrongful death liability is based on negligence. To hold another party legally liable for a fatal accident in Portland, you need to prove that their negligence—failure to exercise reasonable care—contributed to the incident. Here are key elements to prove negligence in a wrongful death case in Oregon:
Duty of Care: The first step is to establish that the defendant owed a legal duty of care to the deceased. A duty of care arises in situations where the law recognizes a relationship between the defendant and the deceased, requiring the defendant to act in a certain manner toward them. For instance, drivers have a duty to operate their vehicles safely and obey traffic laws to protect other road users. Another example is that doctors and other medical professionals owe a duty of care to their patients to provide treatment that meets the accepted standard of care in the medical community.
Breach of Duty: Once a duty of care has been established, the plaintiff must demonstrate that the defendant breached this duty. A breach occurs when the defendant’s conduct falls below the standard of care of a reasonable person under the circumstances. One example is negligent actions, such as a motorist who was texting and driving. Any accident resulting in a fatality should be thoroughly investigated by an experienced Portland wrongful death attorney.
Causation: Finally, causation is required in a civil wrongful death lawsuit in Oregon. The plaintiff must then prove that the defendant’s negligence directly caused the death of the decedent. There are two components of causation: 1) Actual Cause (Cause-in-Fact): Establishing that the death would not have occurred “but for” the defendant’s action. 2) Proximate Cause (Legal Cause): Demonstrating that the death was a foreseeable result of the defendant’s conduct.
Could Comparative Negligence Affect a Wrongful Death Claim?
Yes. Oregon is a modified comparative fault state. Liability for a wrongful death will be assigned proportionately to each party’s degree of fault. The victim (decedent) could potentially be held partially at fault for his or her own accident. For example, suppose a court determines that the deceased was 30 percent at fault for a fatal car accident, and the defendant was 70 percent at fault. In that wrongful death claim, the total damages awarded would be reduced by 30 percent.
Wrongful Death Stats: Accidents Take the Lives of Too Many People Every Year
Accidents remain a huge safety risk. The National Center for Health Statistics reports that nearly 25 million people in the United States seek hospital care for accidental injuries each year. Sadly, some of these accidents are so serious that they are life-threatening. Indeed, the Centers for Disease Control and Prevention (CDC) reports that 420,000 deaths each year are classified as accidents. Approximately three-quarters of accidental deaths occur due to injury-related incidents. The other one-quarter is caused by poisoning, including drug overdoses. For reference, there are nearly 4,000 accidental deaths in Oregon each year. Hundreds of accidental deaths are reported in Portland each year. Yearly, there are multiple people killed in traffic accidents in Portland, Oregon.
What Type of Compensation Can I Pursue During a Wrongful Death Claim?
Our Oregon wrongful death statute allows the personal representative of the deceased to pursue financial compensation for their losses.
They may include:
Medical and hospital bills for the deceased person’s final illness or injury
Current and future income that the deceased would have contributed to the home
Funeral and burial expenses
Lost medical insurance, pensions, and other pecuniary losses
Beneficiaries may also be compensated for the loss of society and companionship of the decedent in an amount up to $500,000.
In cases where their loved one’s death was caused by the egregiousness, severe recklessness, or intentional conduct of the at-fault person, punitive damages may be pursued.
How Long Do I Have to File a Wrongful Death Claim in Oregon?
The statute of limitations for filing a wrongful death claim in Oregon is three years from the date of the loved one’s death.
Our Portland wrongful death attorneys near you fully understand the hurt caused by losing a loved one due to someone else’s negligence and provide a way forward that allows our clients to hold the negligent party accountable for their losses.
Why Trust Our Portland Wrongful Death Attorneys
The loss of a close family member to an accident that never should have taken place is a heartbreaking tragedy. You and your loved ones do not have to navigate the civil legal claims process alone. At The Law Offices of Jon Friedman, we are committed to providing compassionate, justice-focused advocacy to grieving families. We have decades of experience in helping our clients get fair compensation for the harms they have suffered. Our client testimonials demonstrate what we can do for people and families. We are committed to personalized representation. Along with other things, our Portland wrongful death lawyers will:
Offer a free consultation about your case.
Investigate your loved one’s fatal accident in Portland.
Handle civil legal claims paperwork and represent you in settlement negotiations; and
Develop a personalized strategy focused on helping you and your family get justice.
Call Our Portland Wrongful Death Lawyer For A Free Consultation
If your loved one was killed by the negligence of another, you will likely pursue their insurance provider for your financial recovery. It is difficult to do without a lawyer because the insurance company is going to require you to build your case the same way a lawyer would. This means producing the necessary evidence and establishing the required legal elements to prove your loss was caused by their policyholder. Partnering with a Portland wrongful death lawyer will allow you and your family time to grieve while the law firm handles the case on your behalf.
While criminal cases unfold separately from civil cases, a criminal processing can potentially help with a civil wrongful death lawsuit. Wrongful deaths can be caused by multiple types of criminal acts that may have otherwise been prevented. Our Portland wrongful death lawyers can help you determine who caused the loss of your loved one, and how your circumstances qualify to file a civil lawsuit— even if the person or entity was not held liable in a criminal court.
State law identifies who can be a wrongful death beneficiary. In many instances, beneficiaries agree to an equal split. In cases where that is not agreeable, each beneficiary has standing to bring their own claim.
It is not uncommon for someone to survive a vehicle collision, bicycle crash, or pedestrian accident only to lose their life from the injuries later. This can cause financial hardship, including medical expenses and the emotional expenses caused by their pain and suffering. We can help you determine the best legal course of action, so you can pursue the best outcome for your family’s unique needs.
Jon and his staff were incredibly professional, respectful and fought hard for me and my case. Not only did they help me navigate this incredibly complicated process but I felt that Jon and the people he works with legitimately took my wellbeing seriously and made sure I understood and was on board at every juncture. Regardless of the roadblocks that...
- Mike V.
Mr. Friedman is an excellent attorney and his guidance and responsiveness was not only helpful but above and beyond the service I expected. Jon and his team are outstanding and highly recommend.
- Aaron L.
When I first contacted Jon Friedman, he was very patient and listened to every word I told him about my fall and injuries. He asked questions and seemed genuinely concerned about me and asked if I had been seen for my injuries. I had been seen initially, however, I didn't have insurance to continue treatment, so Jon helped in guiding...
- Jena L.
A friend of mine recommended Jon, after hearing I had been in an auto accident. From our first phone call, through the consultation, all the way to the end, Jon was professional, affable and on top of everything. He urged me to advocate for myself when visiting doctors to make sure I received the proper care and frequently checked in...
- Cher M.
I was involved in a motorcycle accident back in 2019 and needed legal council to proceed towards addressing financial hardships and guidance. I looked up several lawyers online and Jon was the one who I felt had the knowledge, experience, and personality that could really help with my case. Jon was with me from the first day I called him...
- Bradley L.
I highly recommend Jon Friedman to anyone who is looking for legal representation. After getting injured in an accident, I needed someone who would provide guidance in an unfamiliar and extremely stressful to me situation. I couldn't have asked for a better representative and advisor than Jon. He expertly took over the unpleasant business of dealing with multiple agencies and...
- Natalya W.
Jon & his staff were straight-forward, speedy & reliable when helping us win our personal injury case. Jon was willing to take the extra time needed to explain each step in the legal process, in terms we could understand. My case revolved around my young daughter, whom Jon treated delicately & with a father's sensitivity. I truly feel that protecting...
- Erin B.
Care and Compassion may be unusual adjectives to describe an attorney, but combine that with Expertise and Advocacy, and you have Jon Friedman! Jon is an incredible lawyer who knows the ins and outs of Personal Injury cases. Jon is diligent in his advocacy of client rights and is invested in the outcome of his clients. I was in an...
- Steph H.
Excellent lawyer, but even better person. Jon came very highly recommended, but still managed to exceed all expectations. He provided expert legal advice in connection with a motor vehicle accident I was involved in that ultimately required neck surgery. Jon is an open and honest, no-nonsense lawyer that truly cares about his clients. He was extremely responsive, always available, and...
- P Hayes
Most of the times there is nothing good you could say about an accident, however, in my case there was one good thing and it was that I got to have the guidance and support of this Lawyer, Jon. I did not at any point feel alone throughout this whole 2 year process. His professionalism was impeccable at every moment....
- Sandra J.
Jon was a huge help in navigating the ins and outs of my car accident. I would retain his legal services if needed in the future and recommend him. Thanks again Jon for all the help.
- Thomas
When I was seriously injured in a pedestrian vs. automobile accident I didnt know what to do. The medical bills were going to be stacking up, which I couldn't afford, and I did nothing wrong. I did some searching and found Jon. After meeting with him he immediately took charge of my case and everything was taken care of from...
- Tony L.
Thank you Jon for helping me.
- Jeanne G.
Jon is great! He has helped my family through some tough times. He is a tireless advocate and won't give up until he can find a solution. Jon communicates every step of the way through the legal process and always involved us in all the major decisions. He helped us navigate the confusing legal world. We would highly recommend him...
- Liz K.
Jon is amazing. So much so that I have hired him TWICE. Being in an accident SUCKS. The insurance company-- even your own company-- is out for them, and them only. You need someone to fight for you. That's Jon. He doesn't just sit back and collect... he WORKS for you. Fights for you. And is so proactive. He hires...
- Katie B.
Jon Friedman is very good at what he does. Jon was very patient, professional, and responsive when he helped me with a recent MVA. Jon explained the process well and made sure I always involved and informed. I highly recommend Jon Friedman and would used him again in a heartbeat. Thank you Jon!
- Anonymous
Jon was caring, knowledgable, and worked hard to represent me with my injury claim. Would certainly recommend him to others. I now have peace of mind and can go on with my life. Dorothy
- Dorothy M.
Jon was the best support I could have had through two long years. Sometimes I'd just want to give up. He'd stop, explain what I had to do and why; the process wouldn't look so daunting. I've been around personal injury cases for decades. I've never seen a lawyer who is better at helping people through the parts of the...
- Darlene W.
Over 25 years ago my husband was in an accident. Jon won him an outstanding settlement. Fast forward. I am in an accident. We didn't know who to call until we remembered Jon. I called him and once again he came through. We just settled my claim last week and it was everything that we had asked for. I would...
- Lorrie
I didn't realize I needed the services of an attorney until it was almost too late to make a claim. Jon made sure everything was completed quickly and smoothly and his compassion really made it less stressful for me. He was very clear in guiding me through the insurance and legal processes and thanks to Jon, I have a settlement...
- Maya K.
I would recommend Jon Friedman to anyone! He exceeded all of my expectations and helped me obtain a generous settlement. I was involved in a motor vehicle accident that required 2 surgeries on my neck. Jon helped me every step of the way. I would have been lost without his expertise. Jon treated me as a individual and not "just...
- Michele J.
Mr. Friedman cuts to the chase and lets you know up front exactly what is going on and if you have a valid issue. He is dependable, follows through with his promises, calls in assistance when needed, and is forthright and fair in conclusion. I give him 5 stars because he earned 5 stars. I highly recommend Jon. Thank you.
- Jan N.
If you are looking for an attorney to represent you to the fullest... I will admit that John Friedman is the lawyer you are looking for! Yes there are a lot of lawyers out there, but will they bend over backwards for you? Jon will! He translate and put things in writing to where "YOU" can understand it. The insurance...
- Asia V.
My family will forever be grateful to John for his kind and persevering help for me after my injury. It is very lonely and scary to recover and rebuild your life after a major injury. Having John as my advocate gave me hope and allowed me to focus on getting healthy once again. I was impressed at John's abilities to...
- Patty M.
I have known Jon Friedman for twenty years and never thought the occasion would happen where I would need his services...but as life goes I was involved in a serious accident and thought that I could handle the insurance company claims adjustor and all the pressure from the physical healing, work, and negotiations. I was in way over my head...
- Brian B.
If there was a single highlight to being in a car accident, it was being able to work with Jon Friedman. Jon was referred to me by friend of mine after I was involved in a fairly bad car accident. Jon went above and beyond to make sure that I was comfortable, taken care of, and got everything I deserved....
- Geoff S.
I didn't want to hire a personal injury attorney but the car insurance company was giving me the run around and didn't even want to pay my medical bills. So I called around and found this place he has been honest, upfront with the whole process and I would recommend him to anyone who has been injured in the Portland...
- James J.
It was a pleasure meeting and working with you. No words my thanks. I appreciate everything you have done. Thank you for caring about me as one of your clients. That’s special and hard to find. You are one of a kind. Also, thank you for being straight forward and honest with me. You treated me like I’m a someone,...
- Leeann B.
Dear Jon Friedman I want to thank you so much for obtaining a VERY satisfactory settlement in my accident injury case. I felt I was well represented by you! Your constant communication made me feel that I was your first priority, though I realize you had a large case load with other clients. As a manager in a large organization...
- Michael
A friend referred me to see Jon Friedman at a very low point in my life. Three months earlier I’d been hit in two auto accidents within 20 days. I thought, initially, that the pain I was experiencing afterward was a matter of muscle sprains and that if I saw a chiropractor, the pain would go away within a month...
- Jeannie H.
Jon Friedman helped me to an extent I could never have expected.I was hurt in a car accident. My initial attorney came well recommended but was frequently unavailable and was not communicating with me about very important issues. It was very stressful and I felt that I was on my own.That changed when I found and consulted with Jon Friedman....
- Michael T.
In 2010, while waiting at a signal light, our car was ‘rear-ended’, resulting in its total loss. We sustained severe injuries to multiple body areas, including the need for a hip replacement. We were referred to Jon Friedman, attorney, to guide us through the complicated process of MVA litigation. From our initial meeting we realized Mr. Friedman was a patient...
- Dorothy and Hap S.
I was involved in an auto accident on Jan,6,2013. I found Jon Friedman online or maybe by fate. I personally had no car insurance but the person that wrecked my truck did. I did not know that their insurance would cover me. I had extensive medical bills but my personal health care provider also did not cover auto accidents. Jon...
- Carl B.
Jon was so wonderful to work with. He was always available to answer my questions and concerns in a way that I was able to understand. Jon is a straight shooter and definitely someone you’d want in your corner to ensure that you are not taken advantage of. Jon is very compassionate, caring and very good at what he does....
- The Josephs
After my car accident in May 2009; I was referred to Jon Friedman Attorney; I am very thankful for that referral. Jon worked on my case everyday for many, many months. It was not easy at times & I had many, many questions for him during my case. Each time I asked a question, he had an answer; if not...
- Caroline
Attorney Jon Friedman has all the experience and dedication any person would want in a lawyer. I appreciate his drive and determination. He is focused, and motivated to help.
- A. Connett
Jon – I should have contacted you from the start. After the accident I thought everything would go smoothly and I could handle it on my own. My mistake. I am fortunate that I got in touch with you. Once you had the info you took the ball and ran with it. You had many suggestions that I had not...
- Anonymous
Jon, I found your place page when I google’d for your phone number. As I plan to tell you on the phone when I call: I can’t thank you enough for helping me after my car accident. I am in such a good place now thanks to your help and patient guidance! I was amazed at all of the details...
- Rhonda D.
Jon is passionate about helping his clients AND a pleasure to work with.
- Anonymous
Hello, My name is Dale J. Finding an attorney is never easy or fun, especially if you need one due to a traffic accident. I was in severe pain, not working and starting to build a huge mountain of doctor bills. That’s when a friend of mine said, Go See Jon Friedman !!! He Will Help You !!! During my...
At the Law Offices of Jon Friedman, our wrongful death lawyers in Portland, Oregon, understand that losing a loved one to another person or party’s negligence is devastating and is compounded by the physical and emotional loss of the deceased’s love, affection, and ability to provide for their families.
