Oregon Limits Who Can Actually Bring This Claim
Unlike some states that allow individual family members to sue directly on their own, Oregon requires a wrongful death claim to be filed by the personal representative of the deceased person’s estate rather than by any family member personally in their own name. This is a probate law concept, meaning the person named in a will or appointed by the court to administer the estate is the only one with legal authority to bring the lawsuit, even though the resulting compensation benefits the surviving family members directly in the end.
What Counts As A Wrongful Death Under Oregon Law
Under Oregon Revised Statutes Section 30.020, a wrongful death claim arises when someone dies because of the wrongful act or careless omission of another party involved, and the deceased person could have brought a personal injury claim themselves had they survived the incident. An Oregon wrongful death lawyer sees this cover a wide range of situations, from car accidents to medical negligence to defective products that cause fatal harm to a victim.
Who Actually Benefits From A Successful Claim
Even though only the personal representative can file the lawsuit itself, the resulting compensation is intended for the benefit of the surviving spouse, children, parents, and other individuals who would inherit under Oregon’s intestacy laws and rules governing such matters.
- A surviving spouse generally has priority among all potential beneficiaries listed here
- Surviving children and parents may also share in the recovery amount awarded
- Stepchildren and stepparents can benefit even without a formal inheritance right
- The distribution generally follows the same order as the state’s inheritance rules for the estate
Oregon Places A Cap On Certain Damages
Oregon law caps noneconomic damages, meaning compensation for pain, suffering, and loss of companionship, at a specific statutory limit set by the legislature in wrongful death cases involving a surviving family and its members. This cap does not apply to economic damages, which cover the full extent of medical bills, funeral expenses, and lost future income the deceased person would have reasonably earned over their remaining lifetime and career.
Oregon’s Filing Deadline For A Wrongful Death Claim
Most wrongful death claims in Oregon must be filed within three years of the date the injury occurred, though the clock generally starts running from the date of the underlying injury rather than the date of death itself in some circumstances. A shorter deadline applies to claims against government entities or certain establishments that served alcohol to an intoxicated person involved in a fatal crash, which makes identifying every potentially responsible party early especially important for the family.
A Wrongful Death Claim And A Survival Action Can Both Apply
A personal representative can sometimes pursue both a wrongful death claim and a separate survival action addressing pain and suffering the deceased person experienced between the injury and their eventual death that followed. An Oregon wrongful death lawyer treats these as alternative theories in the same lawsuit, and if the wrongful death claim succeeds, the survival action generally gets folded into that larger claim entirely.
What Happens When The Death Occurs At Work
If an employer’s negligence caused the death, the workers’ compensation system is often the only available remedy against that employer under Oregon’s exclusive remedy rule and doctrine, which can leave a family without full compensation for their loss. An attorney can help determine whether a separate claim against a third party, such as a negligent contractor or equipment manufacturer, might still be available alongside the workers’ compensation claim filed with the state.
Talk Through Your Family’s Loss
Andersen & Linthorst helps Oregon families understand their rights and walk through the personal representative process after losing a loved one to another party’s negligence and carelessness at any point. Reach out so we can review what happened and help your family pursue the accountability it deserves under the law and legal system.
