An experienced wrongful death lawyer can be your guiding light on your journey to secure justice, offering compassionate support and expert guidance every step of the way.
When you need skilled legal representation for your wrongful death claim, choose Herron Law. Bart Herron has represented families of wrongful death victims in Portland and across Oregon for the last 28 years.
At Herron Law, we pride ourselves on our customer service and quality of care when it comes to handling wrongful death cases.
But don’t just take our word for it. Here’s why Herron is one of the best personal injury lawyers in Portland:
A wrongful death occurs when a person dies due to the negligence, carelessness, or intentional act of another individual or entity.
Common causes of wrongful death include:
When an untimely and unfortunate death occurs, surviving family members may file a wrongful death claim to seek compensation for damages resulting from the loss of their loved ones.
“When the death of a person is caused by the negligent wrongful act or omission (failure to act) of another, the personal representative for the deceased person is entitled to bring a legal claim against the wrongdoer or negligent party, if the deceased could have brought such an action for injury had the decedent survived.“
Under Oregon’s wrongful-death statute, there must have been a tort (negligence), and the wrongful conduct or failure to act must have been an act or omission for which the decedent could have maintained a tort claim.
See Apitz v. Dames, 205 Or 242, 246, 287 P2d 585 (1955).
Oregon’s wrongful-death statute places the personal representative in the decedent’s shoes from a legal perspective, imputing to the personal representative whatever rights the decedent possessed to claim for negligent injury at the time of death.
Storm v. McClung, 334 Or 210, 223, 47 P3d 476 (2002).
In short, plaintiffs must prove the following four elements to succeed in a wrongful death case:
For more information see our guide on the damage claims process.
In Oregon, the right to file a wrongful death claim is governed by ORS 30.020. According to this statute, only the personal representative of the deceased person’s estate is authorized to initiate the claim.
This action is undertaken for the compensation of specific beneficiaries, including the decedent’s surviving spouse, children, stepchildren, parents, and stepparents.
Other individuals who would be entitled to inherit the decedent’s personal property under the state’s laws of intestate succession may also benefit from the claim.
It’s important to note that, while the personal representative files and controls the wrongful death lawsuit, the actual beneficiaries are those specified by the statute.
These beneficiaries are not considered parties to the lawsuit and do not have control over the litigation process.
Their role is primarily to receive any awarded damages as determined by the court or through settlement agreements.
Herron Law plays a crucial role in providing legal representation and support to the families or survivors of individuals who have died due to the negligence or misconduct of another party.
Our responsibilities include:
Case Evaluation:
Investigation:
Expert Consultation:
Filing the Lawsuit:
Settlement Negotiation:
Financial Recovery:
Legal Support and Guidance:
Herron Law’s wrongful death attorneys advocate for your deceased loved ones and your family, striving to ensure justice is served and the responsible parties are held accountable.
By undertaking these responsibilities, wrongful death attorneys play a pivotal role in helping families navigate the complexities of the legal system during the most challenging times.
Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure for the bereaved.
The damages recovered in a wrongful death action can cover various losses. These include reasonable expenses for medical services, burial, and memorial services rendered for the decedent.
Compensation may also be awarded for the decedent’s disability, pain, suffering, and loss of income between the time of injury and death.
Furthermore, the decedent’s estate and specified beneficiaries can be compensated for the loss of finances, society, companionship, and services of the decedent.
The settlement or judgment amount can vary depending on the case, the decedent, the relationship to the survivor(s), the defendant, and the wrongful or negligent conduct.
Yes, ORS 31.710 states that the amount of non-economic damages you can receive in a wrongful death case is $500,000. Non-economic damages refer to the loss of companionship and affection, your emotional and mental anguish, and the pain and suffering your loved one endured when they died.
But the cap does not apply to economic damages, including future wages, medical bills, burial expenses, etc. The cap also does not apply if punitive damages are awarded for extremely reckless and dangerous behavior that led to the death.
The law states that the jury is not allowed to be told about the damages cap. Even if the jury awards you more than $500,000 for non-economic damages, the judge will reduce it to the amount allowed by law.
An insurance company will disburse the funds to you or your designated representative, and the payment for the claim will be dependent on the circumstances of the incident.
For example, if a drunk driver is responsible for the death of a loved one, then their car insurance may pay you for the damages.
However, if the offending motorist was on duty during the incident, his employer’s business insurance policy could be liable to pay for the losses.
Another avenue for obtaining compensation is through the defendant’s estate, provided they have substantial assets. If not, your compensation will solely come from any applicable insurance policies.
You can file wrongful death lawsuits against individuals, companies, government agencies, employees, and others.
For example, if a drunk driver causes a fatal car accident while working for their employer, we might advise you to pursue multiple defendants in a wrongful death case. These may include:
Hiring an experienced wrongful death attorney is crucial for providing a favorable outcome to your case.
A skilled attorney can help you negotiate with insurance companies, gather crucial evidence, navigate the complex legal process, and ultimately, secure the compensation you deserve.
Wrongful death claims are subject to specific deadlines, known as statutes of limitations. These timeframes vary by state and type of claim. Missing these deadlines may result in losing your right to compensation.
An experienced attorney can ensure that your case is filed on time and according to all required legal formalities.
At Herron Law, we have a dedication to our clients and our work. And nowhere is it better demonstrated than through our array of accreditations.
We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
Compensation for lost wages and punitive damages may have associated taxes, while amounts for pain and suffering or loss of companionship may not be taxed. It’s always best to consult a legal professional if you’re unsure.
Common causes of wrongful deaths include vehicle accidents, often due to drunk driving, workplace fatalities due to unsafe working conditions, medical malpractice, and the side effects of certain untested products.
A wrongful death attorney represents the deceased’s family in legal cases where negligence or misconduct led to death. They investigate the circumstances, gather evidence, negotiate settlements, and advocate in court.
In Oregon, the statute of limitations for filing a wrongful death case is generally three years from the date of death. It’s important to consult with an attorney to ensure compliance and discuss any specific circumstances that might affect the timeline.
Settling a wrongful death claim can take several months to a few years, depending on factors like case complexity, evidence gathering, negotiations, and whether the case goes to trial. Cases involving clear liability may settle more quickly, while disputes over damages or liability can significantly prolong the process. See Herron for more information on the difference between civil and criminal trials.
In Oregon, there is a cap on wrongful death damages up to $500,000 for non-economic damages like pain and suffering. It’s advisable to consult an attorney to understand how these laws apply to your specific situation.
There is no standard settlement for wrongful death in Oregon, and many of these claims are settled privately. However, factors like the defendant’s earnings and career trajectory, fault level, coverage limits, and strength of evidence are all considered.
Wrongful death cases are handled by personal injury attorneys, specifically those specialising in wrongful death claims. At Herron Law, our wrongful death attorneys specialize in all cases, from medical malpractice to DUI incidents.
A wrongful death case may go to trial if a settlement cannot be reached through negotiations. Many cases are resolved out of court, but factors like disputed liability, significant damages, or unwillingness to settle can lead to a trial.
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