A Quick Guide to Wrongful Death Claims in Oregon

Understanding a Wrongful Death Claim in Oregon | Dwyer Williams Cherkoss  Attorneys PC

The unexpected death of a loved one can be extremely difficult to cope with, mainly if the death resulted from someone else’s negligence. While there is nothing you can do to bring back the lost life of your loved ones, you can hold the negligent party responsible by filing a wrongful death claim in Oregon. 

What is a wrongful death claim?

When someone else’s negligent act causes the death of a person, it falls under wrongful death. In simple words, deaths that could have been prevented if they performed their duty correctly or acted carefully fall under wrongful death. The surviving family member can file a wrongful death case and get monetary compensation for the death. 

Wrongful death can happen due to various reasons. Some of the main reasons for wrongful death cases are: 

  • Car accidents. 
  • Truck accidents. 
  • Slip and fall accidents. 
  • Motorcycle accident. 
  • Defective product. 
  • Medical malpractice. 
  • Misdiagnoses. 
  • Pedestrian accidents. 
  • Elevator accidents, and more. 

When can you file a wrongful death case?

Everyone needs time to cope up with the death of a loved one. While you grieve, it is also essential to consider the statute of limitation to file a wrongful death claim. In Oregon, you must file a wrongful death claim within three years of the death. Breaching the statute will result in the rejection of your claim. Therefore, it is crucial to seek legal advice from a lawyer as soon as possible to know how you should proceed ahead and how much time do you have to file the claim. 

What compensation you can expect from a wrongful death case. 

While no money can put a value on human life, various expenses can be compensated by the at-fault party. Additionally, filing a wrongful death case will also help you seek justice for the death of your loved ones and ensure your financial security, especially if the decedent was the sole bread-earner of the family. 

Calculating the compensation amount alone can be challenging, especially when you are still processing the death. Therefore, a lawyer will help calculate all the losses related to the death of your loved ones and demand rightful compensation. These may include:

  • Funeral, burial, and spent medical expenses. 
  • Loss of future expected earnings. 
  • Loss of companionship. 
  • Pain and sufferings for the survived family members. 
  • Loss of parenting benefits for children. 
  • Other lost benefits due to the death. 

Each case differs from the other. With the help of other experts, a lawyer will ensure to calculate all the losses and demand a deserving compensation to seek closure and justice for the death of your loved one. 

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