Oregon Wrongful Death Law Firm
An Oregon wrongful death law firm families can trust at Andersen & Linthorst, Attorneys at Law can help you face the painful process of taking legal action. If you are in the middle of a situation in which your loved one died due to the negligence or intentional actions of another individual, you might hear the term “wrongful death” being tossed around. What is it? Are you entitled to a claim? Andersen & Linthorst, Attorneys at Law, an Oregon based wrongful death law firm, can help you understand what your exact rights are, but the following are some basic details to get you started on the right foot.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit that the surviving loved one of a deceased individual can bring against another person who caused the deceased’s death. Every state has different laws regarding these types of cases, but there are some basics that are relatively similar between each state.
When Does This Type of Claim Apply?
A wrongful death claim applies when an individual dies at the hands of another person when there were steps that should have been taken to protect the deceased. The defendant may have willfully or negligently caused the death. Some examples shared by our Oregon wrongful death law firm include:
- Murder – In many cases where the evidence is circumstantial, and the jury finds the accused not guilty, the family of the deceased will file a wrongful death claim instead.
- Medical Malpractice – Doctors, nurses, pharmacists, and other medical professionals who have a duty to perform a certain level of care, but who fail to do so, could end up with a lawsuit filed against them.
- Car Accidents – Whether someone was driving under the influence or simply not paying attention when someone dies during a car accident, the family may file a wrongful death lawsuit.
What Proof Is Required?
To prove a wrongful death claim, there are four things that the plaintiff and their wrongful death lawyer in Medford OR must provide the court.
- The defendant had a responsibility to give the victim a certain level of care.
- The defendant breached that responsibility.
- The breach directly resulted in the victim’s death.
- There were damages that resulted from the death.
What Damages Can Be Sought?
There are a lot of categories of damages that could be sought in a wrongful death lawsuit. The damages one individual seeks will be different than another because every situation is unique. Some possibilities shared by our wrongful death law firm Oregon families depend on include:
- The deceased’s pain and suffering before death
- The surviving family members’ pain and suffering after death
- Funeral and burial expenses
- Medical costs incurred after negligence and before death
- Loss of income
- Loss of inheritance
- Loss of companionship
- Loss of consortium
Contacting Andersen & Linthorst, Attorneys at Law to Learn More
There’s a lot you should know about a wrongful death claim when your loved one dies at the hands of another. Contact our wrongful death Oregon law firm today to learn more about the legal process and what you can do to be fairly compensated.
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