What You Need to Know About Filing a Wrongful Death Claim
Dealing with the passing of a loved one is going to be difficult for anyone, regardless of the circumstances surrounding their death. When the event that leads to their passing feels as if it could have been prevented, it can hurt all the more. But what can be legally done in those unfortunate circumstances? Can someone be held accountable for the wrongful death of your loved one?
Details of Your Wrongful Death Claim Make All the Difference
In Oregon State law, a “wrongful death” is any death that occurs due to negligence, recklessness, or an intentional act. A simple way to understand what constitutes a wrongful death in terms of litigation and legalities is to ask: “Would the injury that caused the death be supported in a personal injury claim?” If the answer is yes, you most likely have a wrongful death claim on your hands.
Accidents or incidents that are commonly used in wrongful death cases include:
- Car accidents
- Slip and fall accidents (premises liability)
- Medical malpractice
- Homicide cases
The next thing you need to consider is the decedent’s surviving family. Oregon State is actually relatively lenient as to who it allows to file a wrongful death claim when compared to other states in the country. Unless there are unusual circumstances surrounding the death, just about any surviving family member can create and file the claim, from spouses and children to parents and grandparents. If you were related to them, you can file a claim. Although, if someone else in your family has already created a wrongful death lawsuit, it may be unlikely that you will be permitted to create one as well.
It is also important to note that there are statutes of limitations in Oregon that prevent you from filing a wrongful death claim after a certain time. For most cases, you will havethree years to make the claim. In certain cases of medical malpractice deaths, your window of opportunity might be limited to two years, however.
You Deserve Financial Compensation – Seek It Today!
If you have considered the details of your loved one’s passing and believe you are eligible to create a wrongful death claim against the liable parties, you will have to determine what sort of damages you would like recovered. In most cases, you will want to try to win a settlement that helps you pay for:
- Medical bills, depending on the situation
- Funeral and burial expenses
- Lost wages or benefits of the decedent
- Nominal damages for your emotional trauma
- Punitive damages to punish the wrongdoer
In order to have the best chance at recovering fair compensation for your wrongful death case in Oregon, you will want to work with a professional legal advocate. At my law firm, I, Portland Wrongful Death Attorney Timothy Grabe, have been supporting the families of victims ofwrongful deaths for more than 35 years. If you would like to have confidence in the lawyer at your side, do not hesitate tocontact me today so we can start working on your case right away.