Wrongful Death

Experienced Personal Injury Lawyers

Claim of Causing a Death of Another

Many people in Oregon die each year due to the fault of others, oftentimes due to car accidents or medical malpractice. Unfortunately, there is no perfect fix for the loss of a loved one. However, the law gives the victim’s estate the right to hold the wrongdoer financially accountable.

Wrongful death is a claim in Oregon against a person for causing the death of another. While a person may be prosecuted both criminally (by the state) and civilly for causing the death, wrongful death refers to the civil claim. The purpose of a wrongful death claim is to reimburse the estate for the costs associated with the injury and death, for the suffering the victim experienced prior to death, for the monetary loss to the victim’s estate, for the loss of companionship of the victim’s family and dependents, and sometimes for punitive damages to punish the person who caused the death.

To recover for a wrongful death in Oregon, the following must be present:

• The death was caused by the wrongful act or omission of another;
• The wrongful act or omission would have entitled the victim to file a claim had the death not occurred;
• There are surviving spouse, children, parents, dependents, or beneficiaries of the victim; and
• Monetary damages have resulted from the victim’s death.

Only certain individuals can bring a wrongful death claim on behalf of the victim’s estate. Moreover, the types of damages that can be claimed are limited by the law. Therefore, it is important to consult with an experienced attorney to determine who can bring the claim, and for what amount.

If the death of a loved one was caused by the fault of another, and you are in need of legal assistance, call Dwyer, Williams, Potter Attorneys, LLP toll free at (800) 285-8678, or submit an online questionnaire. Our firm is experienced in handling wrongful death claims. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis. That means we get paid for our services only if there is a monetary recovery. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. If this date passes, your claim will be lost forever. Please feel free to contact us right away to ensure that you do not lose your right to compensation.