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 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.  

Nursing Home Abuse and Neglect

For cases resulting in personal injury or wrongful death from nursing home abuse or neglect, please see the Wrongful Death information on our related site at www.nwnursinghomelaw.com.

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, tennis balls, bicycles, bike helmets, bikes, recumbent bikes, motor homes, campers, barns, 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, tobacco, cigarettes, 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, guns, firearms, malfunctioning or exploding handguns, shotguns and rifles, 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, commercial deep fryers, treadmills, elliptical trainers, stair master, exercise equipment or exercise machines, etc.

Washington

If you have a potential wrongful death case in Washington, please visit out sister site for Washington.  Washington law provides similarly strict statutes of limitations and deadlines.  A Washington attorney at our firm can provide a free consultation to discuss your legal rights. 

Learn About Us

It can be difficult to choose a lawyer for a wrongful death case.  We encourage you to read about our values and credentials before you contact us.

OUR SERVICE AREA:

Our attorneys are licensed in Oregon and Washington, and serve people who have been hurt throughout the Pacific Northwest.  The cities we serve include:

In Oregon:

Portland, Corvallis, Beaverton, Hillsboro, Albany, Ashland, Astoria, Bend, Condon, Coos Bay, Corvallis, Cottage Grove, Eugene, Florence, Forest Grove, Grants Pass, Gresham, Heppner, Hermiston, Hillsboro, Hood River, John Day, Junction City, Keizer, Klamath Falls, La Grande, Lake Oswego, Lakeview, Lebanon, Lincoln City, McMinnville, Medford, Milwaukie, Monmouth, Newberg, Newport,  Ontario, Oregon City, Pendleton, Prineville, Redmond, Roseburg, Salem, Sandy, Sisters, Springfield, St. Helens, Swet Home, The Dalles, Tigard, Tillamook, Troutdale, Tualatin, West Linn, Wilsonville, Woodburn.

In Washington:

Vancouver, Seattle, Tacoma, Olympia, Battle Ground, Washougal, Longview, Kelso, Woodland, Long Beach, Battleground, Aberdeen, Bellingham, Everett, Shoreline, Port Angeles, Wenatchee, Spokane, Walla Walla, Kennewick, Yakima, Port Townsend, Redmond, Mill Creek, Kirkland, Bellevue, Renton, and Auburn.