The unexpected death of a loved one is always a tragedy that affects an entire family. Spouses, children, and parents may all feel the results of this event for years into the future, and the loss can inflict both emotional trauma and financial harm.
Even with this in mind, Oregon state law asserts that not every unexpected death can be the basis for a wrongful death case. In short, you must be able to show how another person or company’s negligent actions directly resulted in the untimely loss in order to file a legal claim. A compassionate Portland wrongful death lawyer is ready to assist during this difficult time. Our knowledgeable injury attorneys could explain the state’s wrongful death laws, understand how the event has impacted your family, and demand that at-fault parties provide fair compensation.
How Does Oregon State Law Define a Wrongful Death?
All deaths that affect a family are bound to have an immense impact on their present and future. Even so, not every death can be the basis for a claim that alleges wrongful death. Family members carry the burden of demonstrating that another person or company’s careless or reckless actions were the primary cause of the unexpected death and that a theory under the law allows them to seek financial recovery.
According to Oregon state law, a wrongful death is one that is the product of another’s neglect, wrongful act, or default. In simple terms, a family may pursue a wrongful death case when the victim would have been able to demand compensation for a personal injury had they survived the incident.
A Portland wrongful death attorney could help to build powerful cases against the responsible parties. This can include cases that result from:
- Auto collisions
- Slips and falls
- Motorcycle wrecks
- Pedestrian accidents
- Medical malpractice
- Nursing home abuse
By gathering evidence that leaves no doubt as to another person’s liability for an incident, a diligent lawyer helps families to prove their cases against at-fault parties.
Demanding Full Payments Following Wrongful Deaths
Wrongful deaths are unique in the world of personal injury law in that a plaintiff seeks monetary damages following an incident that impacted a different victim. The goal of these cases is to bring compensation to a decedent’s family to help pay for the costs associated with the death as well as bring stability and comfort back into their lives.
With this in mind, only certain people are able to collect financial awards in wrongful death cases. Under state law, these people are the decedent’s children, spouse, domestic partner, and stepchildren. A wrongful death case can only seek compensation on behalf of these people.
Another important concept is who is able to serve as a plaintiff in these cases. According to the state of Oregon, only the personal representative of the decedent’s estate has the standing to bring a wrongful death case to court. While this person may certainly be a decedent’s spouse, child, or parent, it may also be an individual who would not stand to obtain monetary damages in these lawsuits. An experienced wrongful death lawyer in Portland could provide more information about the special legal concepts that apply to parties seeking financial recovery following the death of a loved one.
Let a Portland Wrongful Death Attorney Protect Your Family’s Future
An untimely death is always a tragic event that can throw a family into chaos. You may be stuck with costly medical and funeral bills. You could also be forced to reckon with the loss of a wage earner and the emotional toll that can follow these events. The purpose of a wrongful death case is to provide you and your family with the restitution necessary to achieve comfort and stability.
A Portland wrongful death lawyer could help your family achieve these goals. From day one, our dedicated team of attorneys are ready to explain your legal rights, investigate the cause of death, identify all liable parties, and demand that they provide comprehensive compensation. Whenever you are ready, give us a call.