Wrongful Death Lawyer Medford, OR
If an individual dies as a result of someone else’s negligence or recklessness, this can be considered a wrongful death and you should seek the help of a Medford, OR wrongful death lawyer from Andersen Morse & Linthorst. The estate of the deceased may file a wrongful death claim in order to receive compensation for financial and emotional damages. The court will appoint someone to represent the estate, usually a close family member. If the deceased had a will, the court may select the executor as the representative for the estate in a wrongful death case. If you have any questions regarding your role in this wrongful death claim, please call our firm to speak with a wrongful death lawyer in Medford, Oregon now.
There are four primary components that must be proven in order to win a wrongful death lawsuit.
- Negligence — the representatives for the estate must prove that their deceased loved one died as a result of the carelessness, recklessness, or misconduct of the defendant.
- Breach of Duty — In order for your case to be successful, your Medford, OR wrongful death lawyer must prove that the defendant was expected to act in a certain way, or maintain a duty toward the victim. The easiest way to explain this is to use an automobile accident as an example. The defendant is expected to abide by the rules of the road when driving. That is their ‘duty’. If the defendant runs a red light, drives recklessly or distractedly and as a result crashes their vehicle and kills your loved one, the defendant is said to have breached their duty. Another example is in the health profession. The provider has a duty to treat the patient in a manner expected by other physicians providing the same service. When that duty is breached and the patient dies, suing for wrongful death could be explored with the guidance of a Medford, OR wrongful death lawyer.
- Causation — If there was a duty and that duty was breached, the plaintiff has to prove that the negligence of the defendant was the cause of the death of their loved one.
- Damages — As a result of the negligence and breach of duty, the deceased must have created a significant amount of expenses such as:
- Medical expenses
- Funeral expenses
- Loss of income
- Loss of future Earnings
- Pain and suffering prior to their death
- Loss of support to spouse
- Loss of support to minor children
- Loss of consortium
All four of these conditions must be proven to win a wrongful death lawsuit. A Medford, OR wrongful death lawyer at Andersen Morse & Linthorst is skilled in wrongful death cases and can meet with you to discuss your particular case and how they can help.
Most Common Wrongful Death Causes
A wrongful death claim can arise out of many causes, including:
- Car accidents
- Motorcycle accidents
- Defective products
- Medical malpractice
- Occupational hazards and/or exposure
- Birth injuries
- Abuse and neglect at assisted living facilities and nursing homes
- Directly supervised programs such as field trips and day care
Top 3 Most Common Causes of Wrongful Death
As noted above, there are some causes of wrongful death that are more common than others. Getting justice with the help of a Medford, Oregon wrongful death lawyer when someone you love dies is a common way to proceed. Some situations provide the ability to take legal action, others do not.
However, there are times when a person’s death is not natural. When a person dies because of someone else, there may be a way for the family to obtain compensation for their losses. A wrongful death lawsuit is filed against a person when their negligence caused the death of an innocent party. The negligence may be due to a blatant violation of a law or rule, or it may be caused by more indirect means. Our wrongful death lawyer serving Medford, OR has provided three of the most common causes of wrongful death that may apply to your loved one’s situation:
Probably the most common way for accidental death to occur is during or immediately following a car accident. It is important to note that when someone is injured during a crash and those injuries eventually lead to their death, the reckless party may be subject to a wrongful death suit. This means the death did not have to happen immediately. If at any point the victim dies, the matter qualifies.
Our wrongful death lawyers in Medford, OR share that the most deadly vehicle crashes are those involving semi-trucks. The sheer weight and size of a tractor-trailer are enough to cause a catastrophic collision with another vehicle. Many times, the occupants of the car and perhaps the truck do not get to walk away from these types of accidents. Keep in mind that any vehicle crash where one person is either driving recklessly or is intentionally breaking the law may qualify for a wrongful death action.
When a doctor or nurse makes a mistake while caring for a patient, our Medford, Or wrongful death lawyers have seen families experience devastating outcomes. Allergic reactions to the wrong medication, surgical errors, and missed diagnoses are some of the reasons patients die during medical care. If a medical provider does not perform their job as they should, and a patient is hurt or dies in the process, then a wrongful death lawsuit may be warranted.
3.Accidents at Work
Work accidents happen every day, and depending on how and where, they may take a deadly turn. Construction sites are full of hazards such as fall hazards, possible electrocution and crush injuries. Factories, too, offer a high level of risk if machines are not operated properly. If someone else’s recklessness on the job results in death, it may be in your best interest to pursue legal action with the guidance of our wrongful death lawyer based in Medford, OR.
Contact a Wrongful Death Lawyer Medford, OR Residents Trust
The attorneys at Andersen Morse & Linthorst understand wrongful death claims and will work hard to best represent the estate of your loved one. It is essential to select an attorney who will protect the rights of your family and your loved one’s estate by providing quality representation and building a solid case proving the four components of the wrongful death lawsuit. Contact our Medford, Oregon wrongful death lawyer today for the help you deserve.
Tips to Keep in Mind When Pursuing a Wrongful Death Case
If you have lost a loved one as the result of another person’s negligence, you may choose to take legal action against the party responsible with our Medford, OR wrongful death lawyer. The grieving process can take a toll, when coupled with financial hardship, it can be especially difficult for a family. While nothing can bring back the person that you lost, pursuing a wrongful death claim with Andersen Morse & Linthorst can give people a sense of closure. Here are some tips to bear in mind should you find yourself in the process of pursuing a wrongful death case:
Tip #1: Find an Experienced Medford, OR Wrongful Death Lawyer
Adjusting to life without your loved one can be especially challenging. When coupled with the stress of a wrongful death case it can feel overwhelming. Working with an experienced wrongful death lawyer at Andersen Morse & Linthorst can provide a number of benefits. Not only can they review your case and determine how best to move forward, they can assist in gathering evidence, properly valuing your case and negotiating with the at fault party.
Tip #2: Keep in Mind the Statute of Limitations
The statute of limitations is the length of time that you have to file a lawsuit against the liable party. Our Medford, OR wrongful death lawyers share that this can vary based on the state that you live, in general, the statute of limitations is two years from the time the accident occured. However, it’s important to be aware that in the state of Oregon the statute of limitations for wrongful death cases is three years. While there are a few exceptions, once the timeframe has passed you by, you may lose the opportunity to move forward with your case.
Tip #3: Prepare All Relevant Documents
It will be important that you are as prepared as possible when taking action for a wrongful death case. Evidence is a key factor in proving your case and obtaining the compensation you may be entitled to. Examples of evidence that a Medford, OR wrongful death lawyer may ask you to gather include:
- Medical Records
- Death Certificate
- Funeral Costs
- Income Tax Records
- Proof of Lost Wages
- Family Photos
Tip #4: Do Not Make Contact with the At Fault Party
Although it may be tempting to confront the person who caused the accident, this is not advisable. While you certainly will be experiencing a number of emotions such as sadness and even anger, it’s best to keep them at bay. Making contact with those directly connected to your case can have an impact on the outcome of your case.
Tip #5: Avoid Publicly Discussing Your Case
Our wrongful death lawyers in Medford, Or know that it can be tempting to air your grievances publicly by discussing the case with people you are close to or by broadcasting it on social media. Discussing your case can have a significant impact on the outcome. Not only is it important that you protect the privacy of your family during this time, be aware that anything publicly posted or shared can be used against you. Insurance companies and lawyers will be looking for any shred of evidence that can be used to their benefit. Medford, OR wrongful death lawyers want you to know that ultimately, this could impact the compensation you and your loved ones may be entitled to.
The tragic loss of a loved one can leave a family devastated. The life you and your family once knew will be changed forever. During such a painful and emotional time, facing the complicated process of a legal case can seem like a momentous task. With the help of Andersen Morse & Linthorst, you can experience the benefit of a professional who can guide you through the legal process. For more information, contact our Medford, OR wrongful death lawyer today.