What is a Wrongful Death Action?

General Information on Wrongful Death cases in Oregon:

When someone dies in Oregon as a result of another’s wrongdoing or omission, it is possible that action can be brought against the wrongdoer, and those actions are considered to be purely statutory. This means that the law is written by legislature, it’s not part of common law – and that means there can be limits placed on the amount of recoverable damages, unlike in common-law personal injury cases. Oregon has had a Wrongful Death Act in place since 1862.

The plaintiff in a wrongful death case is called the personal representative. Obviously, if someone is deceased, they can’t bring action against the wrongdoer themselves, so usually a surviving family member is petitioned to act on behalf of all of the beneficiaries. That personal representative is said to have the same rights that the decedent had at the time of their death. Beneficiaries could be anyone who would stand to inherit the personal property of the decedent.

Follow this link for more information on wrongful death cases in Oregon, and keep in mind the experience of the personal injury attorneys at Dwyer Williams Potter LLP when it comes to receiving the settlement you deserve!



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