Wrongful Death

The law cannot undo the loss of a loved one.  The law may, however, provide compensation for family members' losses and harms if the death was caused by the wrongdoing of another person or corporation.

Oregon

If you or a loved one have a wrongful death claim, it is important for an Oregon lawyer to evaluate the case as soon as possible. Oregon law provides strict deadlines for bringing wrongful death and related personal injury and insurance claims. In many cases, immediate steps must be taken to preserve evidence. Oregon law limits recoveries for non-economic losses and punitive damages. An attorney must structure claims with these limits in mind. We invite you to contact an attorney at our firm to discuss these issues and your options. We do not charge for initial inquiries. If we are able to represent you, we typically will do so on a contingent fee basis. 

Oregon's Wrongful Death Statute

Oregon's wrongful death statute provides that a wrongful death action may be brought as follows:

When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission.

In an Oregon wrongful death action, damages may be awarded in an amount which: (a) includes reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent; (b) would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death; (c) justly, fairly and reasonably compensates for pecuniary loss to the decedent’s estate; (d) justly, fairly and reasonably compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and (e) separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.

In some fatal injury cases, an attorney may determine that it is preferable to bring a "survival action" instead of an action under these wrongful death statutes.  

Wrongful Death Caused by Defective Products

A fatal injury resulting from a defective or dangerous product requires expertise in products liability law.  More information on Oregon products liability law is available here.  Information on Washington law is also available on our Washington sister site.  

An Oregon personal injury lawyer or Oregon personal injury attorney can help an injured person evaluate and, if appropriate, pursue product liability claims relating to any number of defective products. Those defective products can include: drugs (VIOXX, HRT, etc.), cold medicines, cosmetics, hair bleach, contact lenses, medical devices (breast implants, hip prostheses, etc.), machines or machinery (skill saw, table saw, presses, conveyor belts, blow fans, etc.), power tools, tools (panel cutters, nail guns, stud guns, staple guns), jacks, forklifts, aerial lifts, automotive lifts, lawn mowers, drainpipes, ATVs, ATC, cars, trucks (rollover, car tires, truck tires, brake pads, brakes, etc.), SUVs, vans, motorcycles, off-road dirt bikes, motorcycle helmets, bicycles, bike helmets, bikes, recumbent bikes, motor homes, campers, smokestacks, space heaters, power lines, gas lines, propane or natural gas that explodes ignites or burns, paper shredders, hand brakes, brake press, trailers, boats, snowmobiles, dune buggies, airplanes, aircraft, trains, tractors, seat belts, seat belt systems, steering wheels, barrier guards, airbags, airbag sensors, child seats, seat backs, gas tanks, tires, wheels, chemicals, asbestos (mesothelioma), blasting supplies, construction sites, chemical-explosions, (work injuries), cranes, derricks, lifters, loaders, scaffolding, welding equipment, ladders, elevators, escalators, steel cables, pressure relief valves, pressure-reading gauges, shut-off valves, pneumatic pumps, safety equipment, safety glasses, helmets, power lines, plumbing systems (scalding or hot water that causes burns, PVC pipe), garage doors and garage door openers, toys that cause a child to choke, child’s toys, fireworks, food poisoning, salmonella poisoning, bed rails, cribs, baby walkers, child car seat, seat in passenger car, insufficient roof strength in pickup truck, automobile occupant restraint systems, glass in SUV windows, car seat heaters, treadmills, elliptical trainers, stair master, exercise equipment or exercise machines, etc.