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 the 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.
- 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 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
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 a Medford, OR wrongful death lawyer today.