I Lost My Spouse In a Crash — What To Do Next
Losing your husband or wife in a sudden crash is life-altering. Alongside unbearable grief, you may face questions about insurance, investigations, and how to protect your family’s financial future.
At Herron Law, our Oregon wrongful-death attorneys have guided hundreds of spouses through these first difficult weeks. If you’ve lost a loved one in a fatal Oregon crash, learn more about how our Portland wrongful death attorneys can help your family recover.
This article explains what to do immediately after a fatal crash, how evidence is handled, and what your legal options are under Oregon wrongful-death law (ORS 30.020).
Step 1: Take Time to Grieve and Ensure Safety
It’s okay to take a few days to plan the funeral and be with family. During this time, law enforcement—often the Oregon State Police—will begin investigating the crash.
They typically:
- Interview witnesses
- Take photographs and videos of the scene
- Collect vehicle “black-box” data
- Reconstruct the collision digitally
These investigations can take several weeks, but evidence can be lost quickly—especially if trucking companies or insurers act fast to protect themselves.evidence can disappear quickly — especially when large trucking companies or insurers are involved.
Step 2: Protect Evidence Before it Disappears
In serious crashes, trucking companies and insurers may send their own investigators within hours. Their goal is to limit liability.
Without immediate legal help, your family could lose access to:
- Crash-scene photos or dash-cam footage
- Vehicle event-data recorders (EDRs)
- Maintenance or driver logbooks
- Eyewitness contact information
Your attorney can send a spoliation letter, a legal notice requiring everyone involved to preserve vehicles, records, and digital data exactly as they are.
Bart Herron, Founding Attorney, Herron Law
Step 3: Understand Your Legal Rights in Oregon
Under Oregon law, families may bring two types of claims after a fatal crash.
The Survivorship Claim
If your spouse survived briefly before passing, the estate can recover:
- Medical expenses before death
- Pain, fear, and suffering endured
- Lost wages between injury and death
This claim is filed by the personal representative of the estate, usually the surviving spouse.
The Wrongful-Death Claim
If your spouse died at the scene or soon after, you can seek compensation for:
- Funeral and burial costs
- Loss of companionship and financial support
- Emotional distress and mental anguish
- Future benefits your spouse would have provided
Both actions can proceed together, but each serves a distinct purpose.
Step 4: Determine Who Can File the Claim
According to ORS 30.020, wrongful-death actions may be filed by:
- The surviving spouse or domestic partner
- Children or stepchildren
- Parents of the deceased
- The personal representative of the estate
Your Oregon wrongful-death lawyer will handle the paperwork, evidence, and insurer negotiations while you focus on healing.
Step 5: Work With an Experienced Fatal-Crash Attorney
At Herron Law, we have:
- 26 + years of experience
- 2,000 + clients helped across Oregon, Washington, and California
- No fees unless we win
- Free consultations Mon–Fri 9 a.m.–6 p.m.
If you lost your spouse in a fatal car or truck accident, call or text (503) 367-0829 or contact us online today.
Find Out How Much Your Case in Worth
Call us for a FREE consultation. No Fee Unless We Get You Money.
Frequently Asked Questions
Usually three years from the injury causing death (ORS 30.020), but deadlines vary. If suing a government entity, for example, you must file a tort claim notice within six months of the death. Speak to an attorney as soon as possible.
Yes. Your attorney can begin preserving evidence and preparing the claim while the investigation continues.
We, and as many good wrongful death attorneys in Oregon, handle all wrongful death claims on a contingency (not hourly), meaning you don’t need to pay until we win you case.
Trucking companies often have rapid-response teams. An experienced attorney can match their resources and obtain logbooks, maintenance records, and EDR data before it’s lost.
The value of a wrongful death case depends on many factors — including the deceased person’s age, income, medical bills, and the emotional impact on surviving family members. Oregon law allows recovery for both economic losses (like funeral costs and lost wages) and non-economic damages (such as loss of companionship). Because every situation is unique, an experienced Oregon wrongful-death lawyer can estimate your potential recovery after reviewing the facts of your case.
The best way is to consult an attorney that handles wrongful death claims and offers free case evaluations. Herron Law Firm is available right now to help you to decide. Call or text us 503-367-0829 to set some time to talk.