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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!
The Oregon wrongful death lawsuit must be filed within three years of the date of the injury that caused the victim’s death, not from the date of death. If the victim is in a coma for a year and then dies, the claim must be filed within three years of when the injury occurred.
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:
You may remember the famous OJ Simpson murder case where he was found not guilty in the criminal trial, but was found to be liable in the wrongful death case. How is this possible?
A criminal murder charge must be proven beyond a reasonable doubt, which is a high bar to clear. On the other hand, wrongful death claims simply need to show by a preponderance of the evidence that the defendant was likely to have caused the death.
Wrongful death lawsuits do not result in putting the defendant in prison, although that is possible. The primary reason to file a wrongful death lawsuit is to obtain compensation for your pain and suffering. Also, many people who are killed in an accident may have left young children behind. The money won in a lawsuit can be used to provide for the children’s welfare.
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.
