What is an Oregon Wrongful Death Claim?

When a person dies in Oregon because of someone’s negligence, it is possible to file a wrongful death claim for monetary damages. Oregon’s law under ORS 30.020 states that a wrongful death lawsuit can be brought by the estate’s personal representative for the benefit of the beneficiaries, including spouse, children, parents, and sometimes stepchildren and stepparents.

The personal representative can attempt to get compensation for the deceased’s medical bills, lost earnings, burial and funeral costs, pain and suffering during death, and the family’s mental anguish and loss of companionship. The beneficiaries can be compensated for loss of companionship and society only up to $500,000, however.

You do not have unlimited time to file a wrongful death claim in Oregon. The law states that you have three years from the date the person died. Only the personal representative of the estate can file or settle the claim. Also, the personal representative has to be named by the court in the county where the person died.

Losing a loved one in an accident caused by someone’s negligence is both emotionally and often financially devastating. This is even more true if the person is the breadwinner for the family. Talk to a Portland wrongful death lawyer to learn if you have a strong case.