If someone dies as the result of the wrongful actions of another, it can be ruled a wrongful death and a lawsuit can be started against the wrong doer. Since the plaintiff is deceased, a personal representative can be appointed to file the lawsuit. In Oregon, the statute of limitations is three years from the injury that caused the death or within reasonable discovery, depending on the facts of the case.
In the state of Oregon the monetary damages that can be awarded to the personal representative use many different factors to determining the amount:
• Compensations for medical and funeral expenses
• Reasonable compensation for pain and suffering before death
• Reasonable compensation for monetary loss to the decedent’s estate
• Reasonable compensation for monetary loss to the decedent’s family, •loss of companionship and services of the decedent
• punitive damages if decedent had lived
Punitive damages can be awarded to set an example to others and can be deterrence to them to keep them from doing the same wrongful actions. The damages first go to medical and funeral expenses, then to costs of bringing a lawsuit into court, and finally to the decedent’s estate and family. None of the damages will go to taxes or claims against the decedent’s estate.
