When you lose a loved one in a preventable accident, it changes your life. A single negligent action by a drunk driver, careless property manager, or unskilled product developer can leave you without the love and financial support of a partner, parent, or child. If that happens to you, we firmly believe you are entitled to justice.
The wrongful death attorneys at Harris Velázquez Gibbens, your dedicated Hillsboro Wrongful Death Lawyers, can help you file a wrongful death claim against the party or parties that caused the fatal accident. Our legal team offers compassionate support and honest guidance to help you make informed decisions in challenging circumstances. To learn more about your rights when it comes to wrongful death claims, we invite you to speak to a personal injury lawyer at our Hillsboro law firm.
When is a Death Considered ‘Wrongful’?
In Oregon, a death is considered “wrongful” when it is caused by the wrongful act, neglect, or default of another person or entity. This definition is outlined in Oregon Revised Statutes (ORS) 30.020, which governs wrongful death actions in the state. Essentially, a wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct, and the circumstances are such that the deceased could have pursued a personal injury claim had they survived.
Here are some key points that explain when a death might be considered wrongful under Oregon law.
Negligence
Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. For example, if a driver fails to follow traffic laws and causes a fatal accident, the driver’s negligence could lead to a wrongful death claim.
Examples: Car accidents caused by distracted or drunk driving, medical malpractice where a healthcare provider fails to meet the standard of care, or a workplace accident due to unsafe conditions.
Recklessness or Intentional Misconduct
Recklessness involves a conscious disregard of a substantial and unjustifiable risk that results in harm. Intentional misconduct occurs when someone deliberately acts in a way that they know could cause harm.
Examples: A fatal assault or murder would be considered wrongful death due to intentional misconduct. Reckless behavior could include actions like street racing or knowingly providing defective products that cause a fatality.
Breach of Duty
A wrongful death can also arise when someone has a duty to act in a certain way (such as providing safe premises or adequate medical care) and fails to fulfill that duty, leading to death.
Examples: A property owner fails to fix a known hazard that causes a fatal accident or a healthcare provider not performing necessary tests that could have prevented a death.
Causation
To be considered wrongful, there must be a direct link between the defendant’s actions (or lack thereof) and the death. The wrongful act must be the proximate cause of the fatality, meaning that the death would not have occurred but for the defendant’s conduct.
Examples: In a medical malpractice case, if a doctor’s misdiagnosis directly leads to a patient’s death, the causation element is met for a wrongful death claim.
Bringing a Wrongful Death Claim in Oregon
If you lose a loved one in a mishap or accident caused by a negligent party, you may be able to file a wrongful death claim. These claims may result from:
- Car Accidents: A car accident can lead to wrongful death if a driver’s reckless behavior, such as speeding or driving under the influence, causes a fatal collision. The impact can result in severe injuries or death, especially if the crash occurs at high speeds or in a head-on collision.
- Truck Accidents: Due to their size and weight, truck accidents often result in catastrophic outcomes. A wrongful death may occur if a truck driver’s negligence, such as driving while fatigued or failing to maintain the vehicle, leads to a deadly crash.
- Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road, and a wrongful death can happen if another driver fails to see the motorcyclist or drives aggressively, causing a fatal accident.
- Bicycle Accidents: Bicyclists have little protection in a crash, and wrongful deaths can occur if a driver’s inattention or disregard for traffic laws results in a collision that proves fatal.
- Pedestrian Accidents: Pedestrians are at high risk in traffic, and a wrongful death can happen if a driver doesn’t yield the right of way, speeds, or is distracted, causing a fatal impact.
- Dangerous Products: If a defective product, such as a faulty vehicle part or unsafe appliance, causes fatal injuries, the manufacturer or seller may be held responsible for wrongful death.
- Dog Attacks: A dog attack can lead to wrongful death if the animal is not properly restrained or controlled by its owner, especially if the victim is a child or elderly person who may be more vulnerable to severe injuries.
- Slip and Fall Accidents: A slip and fall can result in wrongful death if property owners fail to maintain safe conditions, such as leaving hazards like wet floors or broken stairs unaddressed, leading to fatal injuries like head trauma or fractures.
In addition to proving the elements outlined in the previous section (negligence or misconduct, breach of duty, causation), you must show that the death resulted in specific damages. These are the losses suffered by the deceased’s estate and the surviving family members as a result of the death. To claim these compensatory damages, you need to collect evidence like the following:
- Medical Records: To prove causation and damages, medical records are essential. They can show the cause of death, the extent of the injuries or illness, and any medical treatment provided before the death.
- Witness Testimony: Witnesses, including experts, can provide important testimony. For instance, medical experts can testify about the standard of care that should have been provided and how the defendant’s breach of that standard led to the death.
- Accident Reports: In cases involving accidents, police reports, and accident reconstructions can provide evidence of how the incident occurred and who was at fault.
- Documentation of Financial Losses: Evidence of lost wages, future earning potential, and other economic damages should be documented through employment records, tax returns, and expert testimony on economic losses.
By carefully documenting these details, you can build a strong claim that shows how the death impacted your family. While it might feel overwhelming, taking these steps can help you find some sense of closure and ensure that the parties responsible are held accountable.
Who Can File a Wrongful Death Claim in Oregon?
Some states allow the family members of the deceased to file a claim for wrongful death. In Oregon, however, the only person who can file a wrongful death lawsuit is the personal representative (sometimes known as the “executor”) of the estate. If the deceased had prepared a will, a personal representative would have been named there. In the absence of a will, or if the named representative is unavailable, the court will appoint someone in the following order:
- The deceased person’s surviving spouse or nominee
- The deceased person’s closest living relative or nominee
- A distributee of the estate
- The Director of the Oregon Health Authority or Director of Human Services (if applicable)
- The Department of Veterans Affairs (if applicable)
- Any other person
In Oregon, an individual may be able to recover financial compensation if they were:
- A spouse of the deceased individual;
- A child or stepchild of the deceased; or
- A parent or stepparent of the deceased.
Oregon’s statute further states that a person may also be able to recover damages from a wrongful death action if they were entitled to inherit property from the deceased individual who was intestate or passed away without a will.
If your deceased loved one did not name a personal representative or died intestate, a Hillsboro wrongful death lawyer at Harris Velázquez Gibbens can guide you through the process of seeking an appointment and pursuing a wrongful death claim.
Wrongful Death Damages
A successful wrongful death suit can cover economic and non-economic losses associated with the death. Common damages include:
- Medical bills incurred by the person before they died
- Funeral expenses
- Burial costs
- Property damage
- Lost wages
- Loss of future income
- Loss of financial support
- Loss of companionship
- Loss of care and guidance
- The pain and suffering the deceased experienced between injury and death
Punitive damages may also be available if the defendant’s actions were particularly egregious. For example, if a drunk driver killed your loved one, the court may award additional compensation to punish that individual and deter future instances of drunk driving. An award of punitive damages is controlled by state statutes.
Wrongful Death Claim vs. Survivor Action in Oregon
Although wrongful death claims and survivor actions can arise after a person dies due to someone else’s negligence, they are not the same process.
A survival action occurs when someone dies after the beginning of a lawsuit or at a point between when the negligent action occurs and the lawsuit is filed. Unlike a wrongful death claim, this kind of action can address conduct unrelated to the person’s death.
For example, if your loved one is injured by a distracted driver, sues that driver, and dies later due to an unrelated cause, you (or whoever is named the personal representative of the deceased’s estate) can continue the legal action. If the claim succeeds, you can recover damages that your loved one suffered in the car accident, such as medical bills, lost wages, and pain and suffering.
Survivor actions in Oregon must be initiated by the personal representative within three years of a person’s death if they weren’t initiated before death. A claim initiated before death is subject to a two-year statute of limitations. Speak to one of our caring attorneys to learn more.
Oregon Wrongful Death FAQ
How Long Do You Have to File a Wrongful Death Claim in Oregon?
The Oregon statute of limitations is generally three years from the date the deceased suffered their final injury (not the day they died). If the claim is not filed before the deadline, it is almost certain to be barred from court forever.
There are special deadline considerations for government agencies. A claim against a government entity must be made under the Oregon Tort Claims Act (OTCA). In order to bring a wrongful death claim under the OTCA, you must file it within one year of the date of your loved one’s last injury.
Understanding the statute of limitations can be difficult because there are complex variations that may shorten or extend the usual three-year deadline. To determine the specific deadline for your case, it is best to consult a Hillsboro wrongful death lawyer.
What If It Was a Hit and Run?
If the responsible party flees the scene and can’t be immediately identified, you may be able to seek compensation through your own auto insurance policy’s uninsured motorist (UM) coverage. In Oregon, UM coverage must be included in all auto insurance policies unless waived by the policyholder. This coverage typically compensates for medical expenses, funeral costs, lost wages, and other related damages. It may also provide compensation for non-economic damages like pain and suffering and emotional distress.
To file a UM claim, you’ll need to notify your insurance company about the accident and provide them with the necessary documentation, such as the police report, medical records, and proof of your loved one’s death.
In addition to UM coverage, other insurance policies may provide compensation in a hit-and-run wrongful death case. For example, if the deceased had life insurance or if there is coverage under a homeowner’s policy, these may offer some financial relief. Depending on the insurance policies in place, your personal injury attorney may be able to “stack” coverage from multiple policies to maximize the compensation you receive.
When Should You Hire a Wrongful Death Lawyer?
As soon as your loved one is injured, you (or they) are going to get phone calls from the insurance companies responsible for paying compensation. Once they pass away, you may end up dealing with claims adjusters as the personal representative of the estate.
During this difficult time, it’s easy to forget that insurance companies protect their bottom line by paying as little compensation as possible and even finding ways to outright deny legitimate claims. A Hillsboro wrongful death lawyer can ensure that your rights are always protected and negotiate for the settlement you need to recover financially from your loss. If the insurer refuses to be fair, your personal injury attorney can take your case to trial, giving you the best chance of securing maximum compensation.
Why Should I Hire Your Law Firm?
The caring attorneys at Harris Velázquez Gibbens have a solid track record fighting for justice and fair compensation on behalf of families who have tragically lost a loved one due to negligence. We understand that money does not matter in the face of such a tragedy, but we also know such losses can have real financial repercussions on families already dealing with the grief of losing a loved one.
As wrongful death lawyers, we aggressively pursue every possible avenue of compensation for the families we represent. Using our advanced skills in investigation, negotiation, and litigation, we won’t settle for less than the full value of your claim.
Get Compassionate Advice from a Hillsboro Wrongful Death Lawyer
At Harris Velázquez Gibbens, we’re tough because we care.
Our legal team has successfully represented many families who lost loved ones to tragic and preventable accidents. Working with experts like medical professionals, accident reconstruction specialists, engineers, and other qualified parties, we work to build the strongest case possible. Our experienced lawyers understand what you’re going through and will fight for the compensation and justice you deserve.
At the same time, we know you are grieving and going through a serious life adjustment, so we try to make the legal process as easy for you as possible. Whether it’s answering your questions or handling phone calls from an insurance adjuster, our accident attorneys provide comprehensive support until your case concludes. To schedule a no-obligation initial consultation, call 503-470-2439 or contact us online.
