On August 20 Police responded to a crash on Highway 126. A 2011 Toyota Venza, driving by Kenneth Vaughan, was going west on Highway 126 when it drove off the road and hit a large pile of rocks. Tragically Vaughan and his two passengers died.
In Oregon, a wrongful death has occurred when the death of an individual is caused by negligence, wrongdoing, or the willful harm of another. Some of the most common examples of wrongful death are:
According to Oregon statute 30.020, a wrongful death lawsuit may be filed by the family of the deceased. Those who are qualified to file suit include the surviving spouse, children, parents, stepchildren, stepparents and other individuals who are entitled legally to inherit personal property from the decedent.
In Oregon, the family of the deceased in a car accident might have three years from the date of death to file a lawsuit. It always is important to contact an Oregon wrongful death attorney as soon as possible after a fatal car accident where a loved one dies and the death was caused by another party. It can take a long time to build a strong wrongful death case, and you do not want to wait until the last minute to file your lawsuit.
Also, know that wrongful death lawsuits in Oregon are civil and not criminal matters. The purpose of a wrongful death lawsuit in a car accident is to compensate the family of the deceased for funeral expenses, hospital expenses, lost wages and benefits the deceased would have earned if they had lived. You also may be entitled to lost life insurance funds, 401k benefits, loss of companionship and pain and suffering for the loss of your loved one.
If the driver who caused the death or deaths was especially reckless, you also could receive punitive damages that are intended to punish the driver.
Did you lose a loved one in a car accident? Was the accident caused by the negligence of the driver of the vehicle or that of another vehicle? You may be entitled to compensation in a wrongful death lawsuit. Even if the driver of the vehicle your loved one was in caused the accident, you still can file a claim against that person. A personal relationship with that driver should not stop you from seeking compensation in a wrongful death lawsuit.
In most cases, the lawsuit is handled by the insurance company, and the driver does not normally need to pay damages himself. For more information, please talk to The Herron Law Firm today. We offer a Free Consultation to determine if you have a strong case.
5285 Meadows Road, Suite 204, Lake Oswego, Oregon