Many people in Oregon die each year due to the fault of others, oftentimes due to car accidents, medical malpractice, motorcycle accidents, truck accidents, bicycle accidents and nursing home abuse. Unfortunately, there is no perfect fix for the loss of a loved one; however, the law gives the victim’s heirs or estate the right to hold the wrongdoer financially accountable.
In the state of Oregon, wrongful death is a claim against a person for causing the death of another. While a person may be prosecuted criminally via the state, as well as civilly, for causing the death, ‘wrongful death’ refers only 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 suffering the victim experienced prior to death, for monetary loss to the victim’s estate, for loss of companionship suffered by the victim’s family and dependents, and occasionally, for punitive damages to punish the person responsible for 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 children, parents, dependents, beneficiaries, or a surviving spouse of the victim
• Monetary damages have resulted from the victim’s death.
Getting the settlement you deserve, however, is no easy task. Our personal injury law firm is one of the most accomplished and professional in the state, is well qualified in the area of wrongful death cases, and is very skilled at navigating the ins and outs of Oregon state law.
For the surviving family involved in a wrongful death case, legal proceedings are very complex and, often times, confusing. There are so many factors that come into play, of which the outcome depends on the quality of each beneficiary’s relationship with the victim, and not solely their familial relation. As well, when determining the settlement a wrongful death case deserves, any physical, mental, and emotional damages suffered by the victim and his or her spouse, children, or parents is very difficult to quantify. Nevertheless, Dwyer, Williams, Potter is an experienced wrongful death law firm ready to help you and your loved ones get the full representation and settlement you deserve.
Only certain individuals can bring a wrongful death claim on behalf of the victim’s estate, and the types of damages that can be claimed are limited by the law. Consequently, it is important to consult with an experienced wrongful death attorney in order to determine who can bring the claim, and for what amount.28 April,2011