If you have lost a loved one in an accident, we offer our condolences for your loss. I lost my mother due to someone else’s negligence; emotionally and mentally it was a very difficult time in my life.
In the aftermath of this tragedy, you may have heard the term ‘wrongful death.’ This is the term that attorneys use when the loss of life occurred due to a company or person making a preventable mistake that led to a death.
When a person dies in Oregon because of someone’s negligence, it is possible to file a wrongful death claim for monetary damages. Oregon 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 an 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 was a breadwinner for the family. Talk to a Portland wrongful death lawyer to learn if you have a strong case.
In Oregon, a wrongful death is defined under the law as a death due to the wrongful act or omission of another person or entity, if the act or omission would have allowed the deceased to file a personal injury lawsuit if they had lived.
A wrongful death claim in Oregon works by showing strong evidence that the defendant contributed to the death of the person because of negligence or strict liability. It is difficult to win the case unless you have strong evidence that the person contributed to the death. Some of the information that may help the plaintiff win the case are:
· Photo and video evidence
· Statements from eyewitnesses
· Confessions from the negligent party or parties
· Accident reconstruction data
Further, you must show that the loved one’s death caused you a monetary loss. You cannot win a wrongful death claim if you lost a loved one but did not suffer financial damages.
Once your wrongful death attorneys in Portland demonstrate strong evidence that the defendant contributed to the person’s death, this information will be submitted to the relevant insurance company in a demand letter. The goal is usually to reach a settlement before trial in front of a judge or jury, but sometimes the defendant will not offer a fair settlement before trial.
In Oregon, if your loved one dies under specific circumstances involving another party’s negligence, you can file a wrongful death claim for financial damages and losses. Oregon law allows for the wrongful death claim or lawsuit when the person’s death is due to the person’s or entity’s negligence, recklessness, or intentional conduct. The wrongful death action can be filed if the situation that led to the death could have been the subject of a personal injury lawsuit if the deceased had lived.
A wrongful death in Oregon is most often related to a motor vehicle accident, medical malpractice, or intentional action, such as rape or murder. Some of the damages you may be entitled to if the wrongful death is proven in court include burial and funeral costs, hospital and medical expenses, pain and suffering the person suffered while they died, and loss of companionship and society for the beneficiaries.
The law states under ORS 30.020 that a wrongful death action is initiated by the personal representative of the deceased’s estate to benefit his beneficiaries. The beneficiaries may include the spouse, children, parents, and sometimes stepchildren and stepparents.
Whether your loved one’s death was caused by a fatal car accident in Portland Oregon today or something else, talk to a wrongful death attorney today to learn if you have a strong case.
In Oregon, family members of a loved one who died because of another person’s recklessness or negligence can file a wrongful death lawsuit against the person or company that contributed to the death.
The term ‘wrongful death’ means that the death happened because another person or entity was careless, negligent, or committed an intentional act. There are many kinds of accidents that can be the subject of a wrongful death lawsuit, such as medical malpractice, a slip and fall incident, or a fatal car accident in Portland yesterday.
It can be difficult to take legal action after a loved one passed away in an accident, but you should promptly speak to a Portland wrongful death attorney if someone’s negligence contributed. Your wrongful death attorney can review the evidence of the accident to determine if you have a strong case.
If the insurance company wants to send you a quick settlement check, this usually means the defendant was negligent. It is best to have the settlement documents checked by an attorney to see if you are getting fair compensation. If not, a wrongful death lawsuit can be filed. You do not have to pay the attorney unless they win the case for you.
When you lose a loved one in an accident caused by another person, thinking about legal issues may be the last thing on your mind. However, if your wrongful death attorney in Portland can prove that the defendant’s actions or inactions contributed to the death, you may be eligible to file a wrongful death lawsuit.
A wrongful death lawsuit is a civil action that allows you to receive compensation for the loss of your loved one if it was due to another person’s or entity’s negligence or recklessness.
It is important to understand that a wrongful death lawsuit is a civil matter, not a criminal one. If the defendant has been charged with a crime stemming from your loved one’s death, that is a separate legal matter that is unrelated to your wrongful death lawsuit. It is possible for someone to not be charged with a crime but to be sued for wrongful death in civil court. It’s also possible to be found innocent of the crime in criminal court but be found liable in civil court for the death.
Whether the death of your loved one was a fatal car accident in Gresham Oregon today or something else, have a wrongful death lawyer in Oregon review your case.
When a loved one dies unexpectedly in Oregon and it was due to someone’s carelessness, you can file a civil suit for wrongful death. The most common reasons for a civil suit for wrongful death in Oregon are car accidents, truck accidents, drunk driving, medical malpractice, fatal accidents on Route 30, and defective products.
If your wrongful death attorney in Portland proves that the other person or entity contributed to your loved one’s death, you may be eligible for some or all of the following compensation:
To receive compensation for the death of the loved one, your attorney must prove by a preponderance of the evidence that the person or entity contributed to the person’s death. For example, suppose a drunk driver runs through a stop sign and hit and kills your loved one on a bicycle. You would need to prove with evidence that the defendant was the person who was driving the car and was intoxicated. These things can be proven by eyewitness accounts, video surveillance, police reports, etc.
If you lose a loved one in an accident in Oregon, you may be able to file a wrongful death lawsuit if the accident was due to someone’s negligence or recklessness. However, to avoid several people filing similar lawsuits and clogging the court system, the state requires the wrongful death lawsuit be filed by the personal representative of the deceased’s estate. Then, the proceeds from the lawsuit or settlement will be distributed to the eligible beneficiaries.
The personal representative of the estate stands in place of the person who passed away and assets the rights the deceased had when they died. If the deceased could have sued for injuries if they had lived, the personal representative may have a valid wrongful death claim. If the person could not have filed a personal injury lawsuit, there probably is not a wrongful death claim in the case.
Beneficiaries who may be able to collect compensation for the loss of their loved one are parents, children, spouses, and sometimes stepparents and stepchildren. If you lost someone you love in an accident such as a Beaverton fatal crash that was caused by someone’s negligence, you should sue for wrongful death. So, speak to the best wrongful death attorney in Portland today.
In Oregon, you can file a wrongful death lawsuit if someone’s negligence or recklessness contributed to or caused your loved one’s death. ORS 30.020 states that the wrongful death action must be brought by the personal representative of the deceased’s estate. The personal representative acts in the place of the beneficiaries who are eligible to receive compensation in the lawsuit.
Oregon law states that the following beneficiaries can receive compensation in an wrongful death lawsuit:
The estate’s personal representative can seek damages related to the wrongful death, including medical, burial, and funeral costs; loss of companionship; pain and suffering for the deceased; pain and suffering for the beneficiaries, and loss of income.
Your best wrongful death attorney in Portland can file the claim on your behalf. The attorney must prove by a preponderance of the evidence that the defendant caused or contributed to the person’s death. For instance, if the defendant ran a red light and killed your loved one in a crosswalk, you must prove that that person was driving and struck your loved one. This can be proven with eyewitness testimony, crash evidence, and video surveillance, if available.
Whether your loved one died in a fatal crash on Highway 26 because of someone’s negligence or another reason, talk to a wrongful death lawyer today.
Losing a loved one suddenly is always devastating. But if the death was due to another person’s negligence or wrongful conduct, there is even more pain. The last thing most families want to do is sue for wrongful death. But you may be entitled to compensation for your losses, including loss of income, pain and suffering, burial expenses and more.
Oregon law states that a person’s wrongful death occurs when another party’s negligence, intentional conduct, or recklessness caused the death. So, a family can sue for wrongful death if someone dies because of the person’s fault, wrongful act, or omission. If the person passes away in these situations, you can sue for wrongful death. For example, you could sue for wrongful death if your mother passed away in a Yamhill County fatal accident caused by a drunk driver.
However, be aware that you can only sue for wrongful death for a limited time. Oregon law states that you have three years from the date of the incident to file a lawsuit. If you fail to file the lawsuit on time, the case will be dismissed. That is why you should consult with the best wrongful death lawyers in Portland promptly when losing a loved one from someone’s negligence. You have the best chance of winning if your wrongful death attorney in Portland has plenty of time to build a strong case.
If you lost a loved one recently when two died in a car accident in Clackamas County or another car accident, you probably wonder if a family member can sue for wrongful death after a car accident.
The short answer is yes, some family members can sue for wrongful death after an auto accident if their loved one died because of someone’s recklessness, willful misconduct, or negligence. In Oregon, the following beneficiaries can receive compensation in a wrongful death lawsuit after a car accident:
However, note that Oregon law provides that only the estate’s personal representative can file the lawsuit. This is to avoid the courts being clogged with several family members filing lawsuits. The family can appoint a personal representative to work with the wrongful death attorneys in Portland to file the claim with the appropriate court. Your attorney also may attempt to settle the case with the appropriate insurance company before litigation starts.
If you file a wrongful death lawsuit, you may be able to receive compensation for medical bills, lost wages, loss of companionship, the person’s pain and suffering during death, and your own mental anguish and pain and suffering.
In Oregon, a wrongful death lawsuit can be filed only by the personal representative of the estate of the deceased for the benefit of certain beneficiaries. The beneficiaries that can receive funds from a wrongful death lawsuit in Oregon are spouses, children, and parents only. In limited cases, stepparents and stepchildren also can receive lawsuit proceeds. Siblings are not allowed to sue for wrongful death under Oregon law.
The personal representative in the wrongful death case can attempt to obtain money for expenses related to the death, such as medical costs, burial and funeral expenses, and lost past earnings. You also can receive compensation for loss of future income, lost inheritance, lost medical insurance, and pain and suffering of the deceased. You also may be entitled to compensation for your own mental and emotional anguish.
Losing your loved one in a preventable accident caused by someone else is both emotionally and financially devastating for most people. If your lost relative was a primary breadwinner, filing a wrongful death lawsuit can be a critical way to get compensation so you can move forward with life.
Speak to a wrongful death attorney in Portland to find out if you have a case that may result in compensation.
In Oregon, if a person dies because of someone’s negligence or recklessness, such as teenage girl dies in car crash, you can seek compensation in a wrongful death lawsuit. The wrongful death statute in Oregon allows the personal representative of the deceased’s estate to file a lawsuit to recover money that the person would have earned if they had lived a normal lifespan. The beneficiaries of the decedent also can get money for the loss of companionship and society, but not above $500,000. The beneficiaries who can receive compensation are the parents, spouse, and children.
A wrongful death lawsuit works by having a wrongful death attorney review the accident and circumstances that led to the death. If there is convincing proof that someone’s negligence or recklessness caused the death, there could be a case. In most cases, the Portland wrongful death attorney will contact the insurance company for the deceased with a demand letter for a settlement for damages. If the insurance company does not agree to a fair settlement, you can file a wrongful death lawsuit.
If the case goes to court, you must show by a preponderance of the evidence that the person or entity caused your loved one’s death.
Losing a loved one because of someone’s negligence is a devastating experience. Making legal decisions after your loved one dies can be difficult. But if your loved one lost their live because someone was negligent or reckless, you should file a wrongful death lawsuit for your losses. How do you do it?
The first step to file a wrongful death lawsuit is to appoint a personal representative for the deceased’s estate. The personal representative is someone such as an accountant or wrongful death attorney, but it also can be a friend or relative. The process involves petitioning the probate court to open the person’s estate and appointing that person as the personal representative. If you are a beneficiary, you will be kept informed of this process.
Next, the personal representative will work with a Portland wrongful death attorney to file the case with the appropriate court. It is required for the personal representative to prove that the defendant was negligent and that negligence was a factor in the death. Your attorney will investigate the death and look for evidence of negligence, recklessness, or an intentional act that contributed to the death. Many wrongful death claims are settled out of court, but your attorney should be prepared to go to trial.
Losing a loved one is always tragic. It’s even worse when the death was caused by someone’s negligence. If that happened to your loved one, you must prove wrongful death to receive compensation in a lawsuit. How do you do it?
First, you must show the defendant owed your loved one a duty of care. This means acting in a responsible and reasonable way. For instance, all Oregon drivers owe others a duty of care to drive in a safe manner. If the defendant was intoxicated, ran a red light, and killed your loved one in a crosswalk, they violated their duty of care. Your Portland wrongful death lawyer would need to prove that it was the defendant who ran the red light, was drunk, and struck and killed your relative.
Next, you must prove that the defendant’s negligence caused your loved one’s death. This is often the hardest to prove because showing that someone was negligent isn’t always easy. However, if a driver was drunk and ran a red light, proving negligence wouldn’t be difficult.
Last, you need to show that you suffered damages, such as funeral bills, loss of income, and emotional trauma and anguish. If you do these, things you have proven wrongful death and can receive compensation.
A deposition in a wrongful death lawsuit is where a Portland wrongful death attorney asks someone in the other party a series of questions. The person in the deposition must answer the questions under oath. A deposition is done outside the courtroom. Both sides of a wrongful death lawsuit can ask for depositions from the other side to help them construct their case.
Depositions are done during discovery, which is the pre-trial process where the parties in a civil lawsuit collect information to help them get ready for a trial. Many wrongful death lawsuits end in settlement before going to court, but the discovery process also can help both sides negotiate a settlement.
The attorney for the defense can use depositions during the wrongful death lawsuit. You could have to give a deposition under questioning. Some plaintiffs say depositions are intimidating, but your attorney will help you understand the process so it is less stressful. Your attorney can practice with you how the deposition will generally go. The most important thing to remember is to answer the defense attorney’s questions as honestly as you can. If you don’t know the answer, never guess. Simply state that you don’t know.
A deposition is one of the options your wrongful death attorney in Portland can choose in the discovery process. A deposition allows the wrongful death attorneys in Portland for both sides of the lawsuit to obtain testimony from a witness without being in court.
Attorneys may use depositions to get an idea of what the witness would say during a trial. The judge is not present during a deposition, but they can issue a ruling on disputes or motions that happen during it.
Attorneys use depositions in wrongful death lawsuits for many reasons. Some will use the deposition to get admissions from witnesses or to test their strategy if the wrongful death case goes to court. The deposition also can be helpful to get more evidence that may not have been available through other means.
After the deposition is over, it is possible the attorneys for both side may try to reach a settlement. The defendant or their insurance company may not want to reach a settlement until the discovery process is over. When the deposition is over, it may tell the defense attorney that the case against their client is strong and they need to settle to have the best outcome.
If you lose a loved one in an accident caused by someone’s negligence, filing a wrongful death lawsuit is often a wise choice. You may be entitled to compensation for your emotional pain and suffering, lost future income, burial and funeral expenses, and more.
However, a wrongful death lawsuit is a complex process and the resolution will take time. In some cases, the case may settle within a few months. However, many wrongful death actions can take between one and four years to settle or reach a verdict. Even if the case does not go to court, settling the case will take at least a few months.
If you do not work with wrongful death attorneys in Portland, it is possible the case could settle quickly. What happens is the insurance company may contact you and offer a low, fast settlement to get the case resolved. Yes, you may get money faster, but it is rare that an insurance company will offer you a fair settlement on their own. Most plaintiffs are much better off if they hire a wrongful death attorney to negotiate with the insurance company for more money. The case may take longer, but you are more likely to get a settlement that truly compensates for your losses.
If you lost your loved one in a tragic accident caused by another party’s negligence or recklessness, you may be able to file a wrongful death lawsuit. In Oregon, the personal representative of the deceased’s estate files the lawsuit on behalf of the beneficiaries, who may include the parents, children, and spouse.
To win your wrongful death lawsuit, you must prove that the death of your relative was not because of their own actions but due to the negligence of someone else. Also, you must show that you have suffered damages because of the death.
Suppose someone hits and kills your loved one at a Portland intersection. You will need to show that the death was caused by the other person. Then, you have to show that you have had financial losses because of the death. These may include loss of the loved one’s income, mental anguish, medical bills, funeral costs, etc.
Your Portland wrongful death lawyer will rely on important evidence to prove negligence caused your loved one’s death. The most common evidence is eyewitness testimony, video footage, and a police report. If the preponderance of the evidence shows that the defendant caused the death, you can receive compensation in a settlement or verdict.
Unexpected deaths are always difficult for families. But they can be even worse when they are caused by someone’s recklessness or carelessness. Wrongful death happens when the person’s death was caused by the negligence of another person or entity.
There are many types of wrongful death lawsuits that your Portland wrongful death attorneys can help you with. The most common type of wrongful death lawsuit involves auto accidents and truck accidents. Thousands of people are killed in auto accidents annually and some of them are because of another party’s negligence.
Another common type of wrongful death lawsuit involves medical malpractice. Most doctors are highly skilled but they still make mistakes. The doctor or surgeon may have used an improper technique, didn’t follow the right procedure, prescribed the wrong drug, or missed a diagnosis.
Workplace accidents also are another kind of wrongful death lawsuit. A lawsuit can be filed if someone’s negligence at work caused the person’s death. For example, a construction worker may not have been fully trained on how to stay safe on a job site. He fell and died. If your attorney can prove the worker was untrained or there were improper safety procedures, you may receive compensation in a lawsuit.
You may have heard of wrongful death and medical malpractice lawsuits. What are the differences and which should you file? If you lost someone because of medical malpractice, it is important to understand which option is best for you.
A wrongful death lawsuit is usually appropriate when someone’s recklessness or carelessness caused the person’s death. Medical malpractice refers to a case where a medical professional’s carelessness caused an injury or death. This type of case happens when the medical professional did not provide reasonable care in the circumstances.
The medical professional could have done many things that injured or killed the patient. The most common are diagnosis errors, improper treatment, improper care after surgery, unsafe techniques, and improper facility management.
Note that not every medical malpractice case results in a death, and not all wrongful death cases involve medical malpractice. If you lost a loved one because of a medical error, you could have both a medical malpractice and wrongful death case. The medical malpractice claim would be for damages and injuries suffered by your loved one before they died. The wrongful death lawsuit involves the damages suffered by the you and the deceased upon and after the death.
Talk to your Portland wrongful death lawyer to find out your legal options.
If you lost your loved one in an accident because of someone’s negligence, you can file a wrongful death lawsuit to recover damages. But what damages are awarded in a wrongful death lawsuit?
The damages you can recover depend on the case, but generally, you may receive compensation for:
Determining what a fair monetary amount is for these losses is complicated. That is why you should retain a skilled Portland wrongful death lawyer soon after your loved one passes away. Your attorney will review the accident, police report, witness statements, and other evidence to determine if they can prove that someone’s negligence or recklessness caused the death.
If so, your attorney will then calculate all of the damages you may be able to receive. The amount can vary depending on the case, but big factors are how old the person was and their job. The longer they had to live and the more money they made, the more you may receive in compensation for their early death.
Did you lose your loved one in an accident, such as in a fatal motorcycle accident in Oregon today? You may be eligible to receive compensation in a wrongful death lawsuit. This litigation, if successful, can compensate you for your losses related to the death.
Some of the damages you may receive are for medical bills, burial and funeral expenses, lost companionship and affection, lost future income, loss of inheritance, and for your mental and emotional suffering.
A common question about wrongful death lawsuits in Oregon is whether there are any monetary caps. 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 loss of companionship and affection; your emotional and mental anguish, and the pain and suffering your loved one endured when they died.
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.
It is common for a grieving family to ask how much they can get in a wrongful death lawsuit if they lost their loved one in a fatal car accident in Portland Oregon today. Asking this question is understandable; after all, you need to decide if you it is worth the emotional difficulty to file a lawsuit seeking damages for your tremendous loss.
All wrongful death cases are different and it is difficult to say what an average case is worth. Some wrongful death cases might be worth $100,000 and others may be worth $500,000.
However, a survey of wrongful death payouts across the nation show that many settle in the range of $500,000 and $1 million. How much you can receive in the lawsuit often depends on how much insurance coverage is involved. Another factor is how much the defendant is worth. Also, the vast majority of wrongful death cases settle for within the policy limit. This means the case is resolved for whatever the maximum payout is for the insurance policy in effect.
Your Portland wrongful death lawyer will search for every insurance policy they can that could be tapped in your wrongful death case.
If your loved on died in Oregon because of medical negligence, you may be eligible to file a wrongful death lawsuit to receive compensation for your losses. Medical malpractice or negligence can be ordering the wrong medication, operating on the wrong body part, not diagnosing a condition, misdiagnosing a condition, failing to order the correct tests, and much more.
You may be able to get compensation for medical bills, lost future income, funeral and burial expenses, your loved one’s pain and suffering, and your mental and emotional anguish.
However, there is one limit on medical negligence claims leading to a death in Oregon. The law states that non-economic damages cannot exceed $500,000. This refers to compensation for pain and suffering and your mental and emotional anguish, among other things. But there isn’t a limit on economic damages.
Also, if an accident was partially the fault of your loved one, your damages would be reduced by their degree of fault. That is not usually the case in a medical negligence case, however.
If you think that your loved one was a victim of medical negligence, you should talk to a Portland wrongful death lawyer today. They will inform you if you have a case or not.
If you lost a loved one because of the negligent or careless acts of someone, you can file a wrongful death lawsuit to recover damages. As a family member, you may be able to recover a significant amount of money if your case is successful.
However, it is a common question to wonder if wrongful death proceeds are taxable by the federal and state government. For the most part, wrongful death compensation is usually not taxable. The money is usually considered nontaxable because the money is considered to come from a physical illness or personal injury. Once you understand that the money will not be taxed, you can make better financial plans.
There are a few exceptions where you may have to pay state or federal taxes on the money. One is money that is for paying medical bills but they were already deducted from your income in a previous year. Also, money could be taxes if you received money for emotional pain and distress that was not directly caused by the injury or illness that led to the death.
If you think you have a strong case after losing a loved one, you should speak to wrongful death attorneys in Portland today.
If you or a personal representative files a wrongful death lawsuit in Oregon, you may wonder who pays for the litigation. This questions has two parts. First, who pays your legal fees and who actually pays the money that you receive in a settlement or verdict?
Wrongful death attorneys work on a contingency agreement. This means if they win your case, they will receive a portion of the settlement or verdict award. For instance, if you receive a $1 million settlement for losing your loved one in a Yamhill County fatal accident, your attorney will receive approximately 35% or 40% of that money for their work.
Next, who actually pays the money that you receive at the end of the case? Usually, an insurance company pays the money to you or the personal representative. For example, if a drunk driver hit and killed your father, the person’s personal auto insurance policy would probably have to compensate you. If the driver was working at the time of the accident, his employer’s commercial insurance policy would likely be liable.
The other option to receive compensation is from the defendant’s personal estate. This is a possibility if the person has significant assets. If they don’t you probably will only receive compensation from any insurance policy that is in effect.
If you lost a loved one in a Beaverton fatal crash or other accident, you may wonder what kind of attorney to use for a lawsuit. Any type of attorney can do the wrongful death lawsuit, but it is highly preferable to hire a wrongful death lawyer in Portland who is familiar with this kind of litigation.
Remember, the legal field is vast. Lawyers practice in every specialty from forgery to murder to real estate to personal injury. Even though most lawyers have a solid understanding of many legal topics, every type of law has its quirks, court cases, and statutes that can change. A wrongful death or personal injury lawyer who works in this field will probably have a better background in civil lawsuits than an attorney who works in patents or estate planning.
Determining how much money you can get in a wrongful death lawsuit is difficult and requires the help of an experienced wrongful death lawyer.
What does a Portland wrongful death lawyer do? First, they will look into the circumstances of your loved one’s death to determine if someone was negligent or reckless and caused the death. If someone was partially or entirely responsible for the death, you may be able to receive compensation for your mental anguish, loss of income and inheritance, your loved one’s pain and suffering during death, and more.
Your attorney will spend a lot of time trying to prove that someone’s negligence caused the death. Whether you get compensation or not in a settlement or verdict will mostly boil down to proving negligence. For example, if your father was killed in a car accident, your wrongful death attorney may review the police report, eyewitness statements, and crash evidence to determine if another driver caused the crash. There also may be video evidence he can use to show a jury that the driver was negligent and caused the fatal accident.
A wrongful death attorney in Portland also will negotiate with the relevant insurance company to get you the best settlement. In a car accident, the attorney will usually negotiate with the negligent driver’s insurance company to reach a fair settlement. When the insurance company will not offer a reasonable settlement, your attorney can take them to court and win the case in front of a jury.
Are you considering hiring a wrongful death attorney in Portland? Then you should ask questions to attorneys you may want to hire.
First, you should ask the lawyer if they have experience with wrongful death claims. Any licensed attorney in Oregon can file a wrongful death lawsuit. But you should not hire a real estate or patent attorney to handle a wrongful death lawsuit. Wrongful death cases are a specific niche of the law that require considerable experience and expertise to navigate successfully.
Second, you should ask the attorney if they will handle your case personally. At many law firms, a junior attorney may do most of the work on the case. While there is nothing wrong with a junior attorney handling some aspects of your case, you should look for an experienced and seasoned lawyer taking charge of the litigation.
Third, ask the attorney what they think your case is worth. This will give you an idea of their legal knowledge and their approach to your wrongful death case. It also helps to ask if they think you have a strong case because this also reveals how they may handle the matter going forward.
If you want to file a wrongful death lawsuit in Oregon, there are many things you should know before hiring a wrongful death attorney in Portland. The first is who can file the case. In this state, the personal representative of the decedent’s estate will file the case. This is usually an attorney that is appointed by the families, but it can be a friend or relative.
Also, there are only certain beneficiaries who can receive compensation in a wrongful death lawsuit in Oregon. These are the parents, spouses, and children. In limited cases, you can receive money if you are a stepparent or stepchild, but you should check with your lawyer on this matter.
Next, you have only a certain amount of time to file a wrongful death lawsuit in Oregon. It is usually three years from the date of the accident. If you wait beyond three years, the case will probably be dismissed by the judge.
Last, you will need strong evidence to prove that the defendant’s negligence led to your loved one’s death. It is not enough to accuse the defendant of causing the death; you must prove it with a variety of things, such as eyewitness accounts, police reports, surveillance video, accident evidence, and more.
Losing a loved one in an accident is one of the most challenging things anyone can experience. Dealing with the loss will take time, but if the death was caused by someone’s negligence in Oregon, you probably should speak to a Portland wrongful death lawsuit attorney sooner than later. Why?
Just like a personal injury lawsuit in Oregon, you have only three years from the date of the person’s death to file a lawsuit. The clock starts on the day the person died. While this might sound like plenty of time, litigation can take at least months and might take years. It is important to give your wrongful death attorney enough time to file the case and collect evidence. These cases are complicated and the defense will probably fight the claim, so time is of the essence.
The good news about filing a wrongful death lawsuit is that your attorney can handle all legal matters once you sign an agreement with them. You will not have to do anything with the case other than to provide any information your attorney asks for as the case progresses. Remember to speak to a Portland wrongful death attorney promptly after your loved one passes away. You could receive ample compensation for your economic and non-economic damages.
Wrongful death in Oregon is defined in ORS section 30.020 and is defined as a death that was caused by a wrongful act or omission of another. In most cases, wrongful death is due to negligence, recklessness, or a deliberate act. These are generally the same kinds of actions that would have supported a legal claim for a personal injury case if the deceased had survived.
You can think of a wrongful death claim as a different type of personal injury claim. The only difference is that the injured party is no longer here to bring a claim in court. Rather, another party, usually a relative, must bring the claim on behalf of the deceased person and his estate.
One of the most important reasons to pursue a wrongful death claim is to make sure that your loved ones, especially your children, have their financial needs met. This is really important when the victim of the accident was the mother or father whose employment provided financial support for family members.
Second, holding a reckless person or company financially responsible for the death can provide family members with a feeling of closure. This is incredibly beneficial for the long-term emotional and psychological health of family members.
Evidence that is collected to obtain a wrongful death settlement or verdict can allow the family to really understand what happened and come to terms with the tragedy.
That evidence, and also the payment from the responsible person or company, can bring to light the dangers and deficiencies that made the wrongful death happen. This process can make it clearer what should have been done to avoid the tragic death. The at-fault person or entity has to face what went wrong and what can be done to prevent it from happening again.
A wrongful death claim that is successful can give the grieving family more peace of mind. After all, you now know what happened and know that someone else will not have to suffer a similar fatal accident.
These lawsuits can be brought against people, companies, government agencies, and employees. For instance, if there is a car accident involving a drunk driver, a defective roadway, and the driver was working for his company at the time, a wrongful death action could have many defendants:
It is urgent that you contact us without delay to begin the process. Contact attorney Herron for a complimentary in-depth consultation and allow him to help you through this difficult time.
Losing your husband or wife in a crash is devastating. But having to also worry about the legal consequences of this tragic event can be overwhelming.
In many cases, it is okay to wait a few days after the truck crash to grieve and determine the funeral arrangements. Because of the increased duties the Oregon State Highway Patrol has due to there being a car accident fatality, the police should be doing a complete forensic study of the crash, including getting statements from witnesses, taking video and pictures, and reconstructing the crash with computer simulations. Law enforcement can go for weeks to have a complete accident report from a fatal car accident.
Time Might Be Limited. Don’t Delay!
If You are a doctor or a practicing medical professional and would like to refer a case to our attorney, please reach out directly by phone 24/7 at 503-367-0829.
If You are an attorney and would like to refer a case to our attorney Bart Herron, please reach out directly by phone 24/7 at 503-367-0829.
“Honest, intelligent and strong attorney”
I was badly injured in an auto accident. Bartley Herron persuaded the insurance company that they needed to give me the maximum settlement of insurance coverage. The money was and is very important to my family. I recommend Mr. Herron to anyone needing an honest, intelligent and strong attorney to represent them and to fight hard for them. That is what Mr. Herron did for me.
“The settlement your people obtained for me was much better than anything the insurance company had offered me”
I recommend Herron Law to everyone. I was hurt in a car accident and the insurance company tried to get me to settle without talking to an attorney. I am glad that I talked with you instead. The settlement your people obtained for me was much better than anything the insurance company had offered me. It turned out that I went through an unexpected hardship right after the car accident. I ended up really needing the extra money. Thanks for all of your help and concern.
“You gave me the drive to fight”
Thanks to you for your hard efforts and support, you gave me the drive to fight. I actually miss you guys. We think about you often. Even when things were tough you always made me smile. I can never thank you enough.
“Your firm… got more than three times the money the insurance company was wanting to pay”
I contacted your law firm for help after being hurt. I had been talking with the insurance company. The adjuster wanted to settle. But I was concerned that I should talk to a lawyer. Your firm represented me and got more than three times the money the insurance company was wanting to pay. I’m very thankful for the money and what you did for me.
After a tragedy occurs that takes a loved one away, you must first take care of yourself and your family – spiritually, emotionally, and physically. As Oregon wrongful death lawyer, I believe that no one should get in the way of the family healing from the loss.
There can be many details and expenses following the wrongful death of a loved one. Reimbursement for funeral services, any
medical expenses and loss of potential future earnings of your loved ones must be patiently negotiated in a wrongful death action claim. Take Your Time! Do NOT rush the wrongful death claim settlement!
The financial burden resulting from this loss can be alleviated through careful review of the circumstances of your wrongful death claim. Become scrutinizing evidence collector!