The Oregon State Police reported a 3-vehicle crash on July 26 at 3 PM that killed one and injured another. Ford F150 with Scott Zadow, 43, was going E when it crossed into oncoming traffic and sideswiped a Nissan Pathfinder with Curtis Gagner, 42. The Ford F150 continued in W lane and slammed into a VW Passat with John Berquist, 50. Mr. Berquist suffered fatal injuries and died at the scene.
Filing a Wrongful Death Lawsuit After an Oregon Car Accident
If your loved one is killed in a car accident caused by someone’s negligence in Oregon, you have the right to file a wrongful death claim for damages.
A wrongful death lawsuit is one of the more complex legal actions that occur on a regular basis.If you want to file one of these lawsuits, talk to The Herron Law Firm about your case at no charge.
What Is Needed, Legally
To win a wrongful death lawsuit in Oregon, you must prove that the other driver caused your loved one’s death and that the defendant is liable for the death because of strict liability or negligence. In the above tragic accident, it appears the F150 driver lost control of his vehicle for some reason and hit the Passat driver because of that loss of control. If the deceased’s family wants to file a lawsuit, their attorney will conduct a thorough investigation of the accident to ensure that they can prove the driver caused the death. This might include an examination of the F150 driver’s cell phone records.
The attorney also may gather video evidence, eyewitness testimony, and even a confession from the F150 driver to provide proof of liability. You also need to show that the death of your loved one caused a financial loss. For example, you could show that the deceased was the primary breadwinner in the home and was responsible for paying the rent or mortgage. Whatever the circumstance, you must prove that death created a monetary loss so you can receive wrongful death compensation.
What Are Damages
There are three types of damages you may collect in an Oregon wrongful death lawsuit:
- Economic damages: This can include loss of medical coverage, loss of a retirement plan, loss of earnings, funeral expenses, medical costs, and more.
- Non-economic damages: Loss of companionship, pain, and suffering, and mental anguish. These are harder to quantify and require careful and thorough work by your attorney to ensure you get as much money as possible.
- Punitive damages: May be assessed in extreme cases where the defendant was especially reckless.
Statute of Limitations
If you are considering a wrongful death lawsuit in Oregon, remember the statute of limitations on filing suit has to be calculated properly.
Talk To The Herron Law Firm Today
The Herron Law Firm is experienced with wrongful death lawsuits. Our attorneys know how to investigate these cases to ensure that you get as much compensation as possible. Contact us today for FREE Consultation.