Oregon Wrongful Death Claims & Lawsuits

Oregon law provides the right to sue when a family member dies because of the fault of others. That is a “wrongful death” claim. If the “decedent” had a potential lawsuit for something else that happened before death, that claim might “survive” the death, and that is called a Survival Action. This page discusses wrongful death. If you know you want to talk to a lawyer before reading, you may call me at 503-665-4234.

Q. What is the time limit, or statute of limitations, for Wrongful Death in Oregon?

A. The time limit is tricky because several limits apply; you should consult a lawyer. The general rule is that the claim expires and is forever lost if a lawsuit is not filed within the EARLIEST of the following:

• 3 years after DEATH, or
• 3 years from the time the INJURY causing death IS DISCOVERED or reasonably should have been discovered. (Sometimes, the date of the injury causing death is obvious, like a car wreck. Sometimes, it’s not obvious, like if a drug interaction causes death, and people do not figure it out right away.), or
• Other time limits set by other Oregon statutes. For example, if a government agency is at fault, then special notice must be sent within ONE YEAR and a lawsuit filed within 2 years.

Q. Who may file a lawsuit in Oregon for wrongful death?

A. The “Personal Representative” may sue. The Probate Court appoints the personal representative of the estate. Often, it is a family member.

Q. Who gets the money? Who is the beneficiary of Oregon Wrongful Death Lawsuits?

A. It does not matter what the will says. In Oregon, the beneficiaries of a wrongful death claim are the surviving spouse, children, parents, stepchildren, stepparents and, if the person who died in Oregon normally lived in another state, then other individuals may benefit if they are listed in that home state’s law controlling, “intestate succession,” which controls who inherits when a person dies without a will.

Q. How much money? How does an Oregon court and jury decide what is the value of a wrongful death claim?

A. It all depends on the evidence. Was the person who died earning $5,000 per year or $500,000 per year? Did the person provide love and support to a family or was he a loner living in the woods? Here’s some of the factors a jury may consider when deciding upon noneconomic losses , which may not exceed $500,000:

• The person’s suffering and disability between injury and death.
• The loss suffered by the spouse, children and parents when considering love, affection, guidance, and services he or she performed for them.
• The age, health and life expectancy of the person who died.
• The age, health and life expectancy of the spouse, children and parents.

Economic losses do not have a dollar limit. We rely on jurors to determine a fair value when considering evidence of the following factors, among others:

• Bills for medical, health care, nursing services, funeral and burial.
• Loss of income between injury and death.
• Money lost to the estate, which considers what the person would likely have earned during his or her lifetime.
• Money lost to children, spouse or parents that the decedent customarily contributed in the past and was expected to contribute in the future.
• Value of services he or she customarily provided.
• The age, health and life expectancy of the person who died.
• The age, health and life expectancy of the spouse, children and parents.

It’s tough to lose a loved one. You may have put off thinking about any kind of lawsuit. But please remember that strict time limits apply. So, please call me (or some other attorney) right away to protect and preserve your rights. You know that the insurer of the person who caused the death is working. Call me to get someone working for you. 503-665-4234