Oregon Wrongful Death Lawyer

Compassionate and accountable wrongful death representation for Oregon families.

A wrongful death case in Oregon must be brought by the personal representative of the decedent’s estate, within three years of when the fatal injury was discovered. An Oregon wrongful death lawyer at Andersen & Linthorst can identify the right plaintiff, calculate the damages recoverable under Oregon’s wrongful death statute, and preserve evidence before deadlines pass.

We have handled plaintiff-side injury matters since 1979 and accept these cases on a contingency basis. Initial consultations are free.

Wrongful Death Lawyer Oregon

A wrongful death claim is the civil action available in Oregon when a person dies because of another party’s wrongful act or negligence. The claim is brought by the personal representative of the decedent’s estate, not by family members directly. Recovery is for the benefit of the surviving spouse, children, parents, stepchildren, stepparents, and others who would inherit under Oregon’s intestate succession laws. Damages are governed by ORS 30.020 and include medical and funeral expenses, lost income, loss of society and companionship, and in qualifying cases, punitive damages.

These cases differ from ordinary personal injury claims in several respects: the plaintiff is the estate rather than the injured person, the damages framework is statutory under ORS 30.020 rather than common law, and the statute of limitations runs three years rather than two, measured from when the fatal injury was discovered or reasonably should have been discovered.

Types of Wrongful Death Cases We Handle in Oregon

Wrongful death claims in Oregon arise from a wide range of causes. The legal action is the same. The factual and medical proof requirements differ significantly by category.

• Car crashes. Fatal motor vehicle collisions are the most common source of wrongful death claims in Oregon. Drunk driving, distracted driving, and commercial trucking are frequent factors. We investigate crash dynamics, retain reconstructionists when needed, and identify every driver and policy involved.
• Medical malpractice. Surgical errors, anesthesia mistakes, missed diagnoses, and medication failures can prove fatal. Wrongful death claims arising from medical care run under a three-year limitations period rather than the two-year period that applies to non-fatal medical malpractice.
• Catastrophic injuries. When a severe injury results in death weeks, months, or years later, the case becomes a wrongful death action. The statute of limitations runs from the date of the original injury, not from the date of death.
• Birth injuries. Delivery complications can produce fatal hypoxic brain damage, sepsis, and other outcomes. These claims demand obstetric and neonatology testimony.
• Elder abuse. Pressure injuries, falls, dehydration, and medication errors in long-term care facilities can prove fatal. These cases combine wrongful death law with Oregon’s elder-protection statutes.
• Civil rights injuries. In-custody deaths, excessive force, and deliberate indifference by government actors can give rise to combined federal civil rights claims and state wrongful death actions.
• Workplace fatalities. Industrial accidents, equipment failures, and construction-site deaths often support wrongful death claims against third parties separate from any workers’ compensation benefits available to the family.
• Defective products. Vehicle defects, dangerous medications, and faulty consumer products that cause death are governed by Oregon’s product liability framework and may run under a different limitations period.
• Premises hazards. Drownings, falls from height, and other deaths on unsafe property can support wrongful death claims against owners, managers, and contractors who failed to address known dangers.

Why Choose Andersen & Linthorst as my Wrongful Death Lawyer in Oregon?

Decades of Trial Experience in Multiple Jurisdictions

Our founder, Kelly L. Andersen, has practiced injury law since 1979 and has appeared in state and federal courts in Oregon, California, Washington, and Hawaii, including the Ninth Circuit Court of Appeals. He holds bar admissions in those four states. He was elected Distinguished Trial Lawyer of the Year by the Oregon Trial Lawyers Association in 2014 and has been named an Oregon Super Lawyer repeatedly since 2007. He earned his law degree from Brigham Young University’s J. Reuben Clark Law School. Partner David Linthorst was admitted to the Oregon bar in 2011 and has been listed in Super Lawyers from 2023 through 2025, after being selected as a Rising Star in earlier years. He earned his J.D. from Northwestern University.

Approach to Wrongful Death Cases

Wrongful death claims sit at the intersection of probate law and tort litigation. Our work often begins by helping the family identify and appoint a personal representative if one has not already been named. From there we investigate the underlying death, document beneficiary relationships, and develop damages testimony from economists and vocational professionals. Beyond compensation for surviving families, wrongful death claims provide civil accountability in cases where criminal proceedings cannot or do not apply, including incidents where prosecutors decline charges or where the standard of proof for a criminal case is not met. Our firm has helped clients recover millions of dollars in plaintiff-side matters including wrongful death, catastrophic injury, and medical malpractice.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Wrongful death damages in Oregon are governed by ORS 30.020(2) and differ from damages in non-fatal injury cases. The statute defines several categories the personal representative may recover on behalf of the estate and beneficiaries.

The recoverable categories include:

• Reasonable medical, hospital, and funeral expenses
• Disability, pain, and suffering the decedent experienced before death
• Loss of income to the decedent from the time of the injury until death
• Pecuniary loss to the decedent’s estate, meaning the future income the decedent would have earned
• Pecuniary loss and loss of society, companionship, and services to surviving beneficiaries
• Punitive damages, separately stated, where the wrongdoer’s conduct supports them

Oregon applies a modified comparative fault framework. The decedent’s share of fault reduces the recovery and bars it entirely if the decedent’s fault was greater than the other party’s.

What Are Important Aspects of a Wrongful Death Case?

These cases combine two procedural tracks. A probate proceeding establishes the personal representative who will bring suit. A civil action then proceeds against the wrongdoer. The probate side does not have to be complex, but it does have to come first. The filing process for the civil claim mirrors other plaintiff-side injury cases once the personal representative is appointed. Avoiding the common mistakes that can compromise a case, such as discussing the matter publicly or signing releases too early, protects the value of the claim from day one.

Important aspects include:

• Appointing a personal representative through probate court
• Documenting beneficiary relationships and intestate succession rights
• Preserving physical evidence and identifying every potentially liable party
• Engaging economic and vocational specialists to value lost future earnings
• Coordinating with any criminal case proceedings that may run parallel to the civil claim

What Is The Wrongful Death Case Timeline?

Two to four years is typical for wrongful death cases in Oregon, with some resolving sooner and cases that require trial extending further. Several factors influence the timeline, including the underlying cause of death, the complexity of the medical or causation issues, and whether multiple defendants are involved.

A typical timeline looks like:

• Probate court appointment of the personal representative
• Investigation, records collection, and damages development
• Demand and pre-litigation negotiations
• Filing the wrongful death lawsuit and the discovery phase
• Mediation and settlement discussions
• Trial, if no acceptable resolution is reached

What Should You Bring to Your Wrongful Death Consultation?

Bringing documentation to the initial meeting helps us evaluate the case quickly. We do not need everything organized in advance. The steps you take shortly after a death affect the strength of the eventual claim, and a meeting can help clarify what those steps are.

Helpful items include:

• Death certificate
• Police or incident report, if one exists
• Medical records leading up to the death
• Probate documents, if a personal representative has already been appointed
• Insurance correspondence and adjuster communications
• Names and contact information for surviving spouse, children, and other potential beneficiaries

The consultation is free and confidential. There is no obligation to retain us at the meeting, and we will offer a candid view of what we see in the case.

What Are Important Oregon Legal Resources for Wrongful Death Cases?

Oregon’s wrongful death law is set out in statute and interpreted by case law. The official sources below are where the controlling text lives.

• The Oregon Revised Statutes is the state code where wrongful death, tort, and limitations provisions are codified.
• ORS Chapter 30 contains the wrongful death statute (ORS 30.020), the damages distribution rule (ORS 30.030), and the Oregon Tort Claims Act notice provisions (ORS 30.275).
• ORS Chapter 12 codifies Oregon’s general statutes of limitations, including provisions that interact with the wrongful death limitations period.
• The Oregon Judicial Department provides information on the circuit and probate courts, where wrongful death and personal representative matters are filed.
• The Oregon State Bar is the licensing body for Oregon attorneys and offers public resources on probate, injury, and wrongful death claims.

The Oregon Tort Claims Act imposes a one-year tort claim notice for wrongful death actions against public bodies. State employees as defendants in wrongful death cases run under a two-year statute of limitations rather than the standard three. Defective products causing death are subject to Oregon’s product liability framework with its own limitations period.

Reach Out to Andersen & Linthorst to Schedule a Consultation

Wrongful death cases involve probate steps, statutory damages, and short notice deadlines for claims against public bodies. Contact us for a free consultation. We will identify the deadlines that apply, explain the personal representative process, and answer your questions.

Wrongful Death Statistics in Oregon

Death from preventable causes is tracked at multiple levels. The Oregon Department of Transportation publishes annual fatal crash data for Oregon roads. The CDC’s National Center for Health Statistics (NCHS) tracks mortality data nationally, including deaths from motor vehicle crashes, falls, unintentional injuries, and medical events. The National Highway Traffic Safety Administration (NHTSA) tracks fatal-crash trends and contributing factors across all states. The federal Bureau of Labor Statistics publishes workplace fatality data showing elevated fatal-injury rates across construction, transportation, agriculture, and warehousing sectors nationally. Preventable causes account for a substantial share of these deaths, and many of them generate wrongful death claims against drivers, employers, manufacturers, or medical providers.

What Are Important Damages an Oregon Wrongful Death Lawyer May Seek?

Oregon’s wrongful death statute sets out specific categories of recoverable damages. The categories combine compensation for losses the decedent experienced before death, financial losses to the estate, and emotional and relational losses to surviving beneficiaries. Each category requires its own documentation and proof.

1. Reasonable Medical and Hospital Expenses Before Death. Bills incurred between the injury and the death are recoverable. This includes emergency response, ICU care, surgery, and any later treatment leading up to the death. Documentation comes from hospital records, billing statements, and any medical liens that have been filed.
2. Funeral and Burial Expenses. Reasonable costs of final arrangements are recoverable. Receipts and invoices from funeral homes, cemeteries, and related services support this category.
3. Disability and Pain and Suffering Before Death. If the decedent survived the injury for any period of time, the conscious pain, suffering, and disability experienced during that time are compensable. The length of survival and the level of consciousness affect the value of this category.
4. Lost Income from Injury to Death. Wages and earnings the decedent would have made between the injury and death are recoverable. Pay stubs, employer records, and tax returns establish this loss.
5. Pecuniary Loss to the Estate (Lost Future Earnings). Future earnings the decedent would have made if not for the death are part of the recovery. Establishing this number requires vocational analysis and an economic forecast of career trajectory, raises, benefits, and worklife expectancy. Reductions for the decedent’s own consumption are typically applied.
6. Pecuniary Loss to Beneficiaries. The loss of financial support, household services, and contributions that surviving family members would have received are recoverable. This is often a substantial figure where the decedent supported a spouse or children.
7. Loss of Society, Companionship, and Services. Surviving spouses, children, and other beneficiaries may recover for the loss of guidance, companionship, advice, and household services. This is the wrongful death equivalent of loss of consortium in living-injury cases. Documentation includes testimony from family members about the relationship.
8. Punitive Damages. If the wrongdoer’s conduct was particularly reckless, intentional, or showed deliberate indifference, punitive damages are available. ORS 30.020 requires that punitive damages be separately stated in any verdict.

Oregon Wrongful Death Lawyer FAQs

Who can file a wrongful death claim in Oregon?

Only the personal representative of the decedent’s estate may file a wrongful death claim in Oregon. Family members cannot file directly. If the decedent died without a will, the family can petition the probate court to appoint a personal representative. The recovery is then distributed to the surviving spouse, children, parents, stepchildren, stepparents, and others who would inherit under Oregon’s intestate succession rules.

What is the statute of limitations for wrongful death in Oregon?

The general wrongful death statute of limitations is three years, measured from when the fatal injury was discovered or reasonably should have been discovered, not from the date of death itself. Different limits apply in specific contexts. Claims against state employees run under a two-year period. Product liability deaths run under a separate two-year period. Tort claim notice against public bodies is required within one year. Talk to a lawyer early to confirm which deadlines apply.

What damages can be recovered in an Oregon wrongful death case?

ORS 30.020(2) sets out the categories. They include medical and funeral expenses, the decedent’s pain and suffering before death, lost income from injury to death, lost future earnings to the estate, loss of support and services to beneficiaries, loss of society and companionship, and punitive damages where the conduct supports them.

How much does it cost to hire a wrongful death lawyer in Oregon?

We handle wrongful death cases on a contingency basis, which means there is no upfront fee and payment depends on a successful recovery. The percentage and case costs are explained clearly in writing before you sign anything, and initial consultations are free.

How long do wrongful death cases take in Oregon?

Two to four years is typical. Cases that settle move faster than cases that reach trial. The complexity of the underlying cause of death, the number of defendants, and the size of the future-damages calculation all affect the timeline.

Do most wrongful death cases go to trial?

Most settle before trial, but our firm prepares every case as though it will be tried. The strength of the pre-trial work, the credibility of the damages witnesses, and a willingness to proceed to verdict all affect what carriers offer. When trial is the right outcome for the family, we are prepared to present the case in court.

What is the difference between a wrongful death case and a survival action?

A wrongful death case compensates surviving family members for losses caused by the death. A survival action carries forward claims the decedent could have brought if they had lived. In Oregon, much of what would be a survival action is folded into the wrongful death recovery under ORS 30.020, which includes the decedent’s own pre-death pain, suffering, and lost income.

What if the at-fault driver did not have enough insurance?

Wrongful death cases routinely exceed the minimum auto liability coverage in Oregon. We identify every available source of recovery, including additional defendants, umbrella policies, employer liability, and the decedent’s own uninsured and underinsured motorist coverage, which can apply to wrongful death claims as well as injury claims.

What if the death involved both negligence and a criminal charge?

Criminal cases and civil wrongful death cases proceed on separate tracks under different standards of proof. A criminal acquittal does not bar the civil case. A criminal conviction can sometimes be used as evidence in the civil case. We coordinate with prosecutors when appropriate while keeping the civil claim moving.

Do I need a lawyer for an Oregon wrongful death claim?

Wrongful death cases involve probate appointments, statutory damages, multiple medical and economic issues, and aggressive defense work. Handling one without counsel puts the family at a substantial disadvantage. The contingency-fee structure means hiring counsel costs nothing upfront, and maximizing compensation often depends on early, strategic work that families cannot easily replicate on their own.

Local Information for Oregon Wrongful Death Cases

What Are Important Local Resources for Oregon Wrongful Death Cases?

The organizations and agencies below are commonly involved with families dealing with a wrongful death case in Oregon. None of these references constitute a professional endorsement, and Andersen & Linthorst has no affiliation with the listed entities beyond awareness of their role in supporting families.

• Oregon Health Authority. The state agency overseeing vital records, including death certificates required to begin most wrongful death matters.
• Oregon DOJ Crime Victims. State victim services program providing information, advocacy, and compensation resources for families of homicide and fatal accident victims.
• MADD Oregon. Mothers Against Drunk Driving regional program supporting families affected by impaired-driving fatalities.
• The Compassionate Friends. National grief support organization for families who have lost a child, with chapters throughout Oregon.
• Dougy Center. Portland-based grief support center for children, teens, and families facing the death of a loved one.

About Andersen & Linthorst

Andersen & Linthorst is a plaintiff-side trial firm based in Medford, Oregon. Founded by Kelly L. Andersen, the firm represents seriously injured clients and bereaved families across Oregon, California, Washington, and Hawaii. Our recognition includes Super Lawyers selections, an AV Preeminent rating from Martindale-Hubbell, and the Distinguished Trial Lawyer of the Year award from the Oregon Trial Lawyers Association. We accept wrongful death matters on a contingency basis and welcome referrals from other lawyers.

What Our Clients Say

★★★★★

“My mother was killed by a drunk driver. She was still very active with lots of life left. David was not just successful with winning us lots more than the insurance initially offered, he was compassionate and caring. He explained every part of the process and options clearly. I could tell how knowledgeable he was as he looked into every option to get my family the maximum amount possible. I am so grateful that we found him to represent us.”

— Lynne Christofanelli

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Contact Andersen & Linthorst

The death of a family member due to another party’s negligence creates legal questions on a timeline most families have never faced: probate has to be opened, deadlines run from the date of the injury rather than the date of death, and insurance carriers begin developing defenses the moment they learn of the death. Our firm has handled plaintiff-side injury and wrongful death matters since 1979 and accepts these cases on a contingency basis. The first consultation is free and confidential, with no obligation. Contact us to schedule a case review with an Oregon wrongful death attorney.