Wrongful Death Lawyer in Portland, Oregon
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:
- Automobile Accidents
- Bicycle Accidents
- Birth injuries
- Criminal activity
- Defective medical equipment
- Dog bites and attacks
- Drowning accidents
- Medical malpractice
- Motorcycle accidents
- Nursing home neglect and/or abuse
- Pedestrian accidents
- Premises liability
- Product liability
- Truck accidents
- Workplace accidents
- Accident Injury
- Legal Malpractice
- Scooter Accident
When negligence is a factor, there is no limit to the types of wrongful death claims that can be filed against the liable party. To learn more about your unique legal options, contact our Portland accidental death attorneys today for a free assessment of your case.
Who Can Pursue a Wrongful Death Claim in Oregon?
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 you believe you have a claim and have questions or concerns about pursuing compensation, please contact our Portland personal injury attorneys at the Law Offices of Jon Friedman today by calling 503-242-1440 for a free, confidential assessment of your claim.
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