Lake Oswego Wrongful Death Lawyer
The overwhelming grief you experience after losing a loved one can be all-consuming. Not only do you need to contend with what life may look like without your treasured family member, but if they provided considerable financial support, you may also need to worry about how you will continue to make ends meet. If your family member’s death was caused by the wrongful or negligent actions of another, you may have grounds for legal action.
A leading Lake Oswego wrongful death lawyer from Paulson Coletti Trial Attorneys PC could help you navigate the claims process. Understanding this complex type of personal injury law can be particularly challenging when you are still mourning your loss. Let us guide you through the process with our decades of trial experience and dedication to client advocacy.
Contact our Lake Oswego personal injury law firm to request a free consultation today and find out more about whether you have the right to take action through a wrongful death lawsuit.
Certain Types of Incidents Cause Fatalities More Often Than Others
According to ORS § 30.020, any death caused by “the wrongful act or omission of another” warrants the pursuit of a wrongful death action. Essentially, anytime one party is responsible for causing the death of another, the decedent’s estate has the right to demand justice. Some of the most common types of accidents and incidents that have been known to cause fatal injuries include:
- Murder or assault
- Sports accidents
- Motor vehicle accidents
- Medical malpractice cases
- Slip and fall accidents
- Construction accidents
Lake Oswego Wrongful Death FAQ
Will the liable party go to jail?
The individual or entity responsible for causing your loved one’s death could very well be sent to jail. The Oregon criminal justice system will be responsible for determining whether the defendant should face criminal charges and prosecution. However, criminal charges and civil lawsuits are two entirely different things.
The district attorney will determine whether to press charges against the at-fault party. They will need to prove beyond a reasonable doubt, as described under ORS § 161.055, that the defendant is responsible for causing your loved one’s death to secure a conviction. However, in civil court, it is up to your Lake Oswego wrongful death attorney to prove the defendant’s liability based on a preponderance of the evidence as defined by the Oregon Judicial Branch.
If the defendant faces criminal charges, it could have a profound impact on the outcome of your civil claim. If they are convicted, this could be used as evidence to support your case. However, if no formal criminal charges are filed or the defendant is ultimately acquitted, it should have no bearing on your ability to demand justice in a civil lawsuit.
Who has the right to initiate a wrongful death action in Lake Oswego?
You might have assumed that as the decedent’s surviving family members, you have the authority to file a wrongful death claim. However, this is not the case. As described under ORS § 113.095, only the executor or personal representative of the decedent’s estate has the right to file the claim.
Generally, the decedent will have named a personal representative when preparing their last will and testament. However, not everyone who is unexpectedly killed has a will in place. If this happens, or the appointed personal representative is unable to act in the decedent’s best interest, the court system has the authority to appoint someone to act on their behalf.
What types of damages are awarded in wrongful death lawsuits?
Your family may continue to struggle after suffering a devastating loss. This is particularly true if the decedent was the primary financial contributor in the home. There are a wide variety of economic and non-economic damages that could be awarded in wrongful death cases. Some potentially recoverable damages that may be awarded to the decedent’s surviving family members or the decedent’s estate include:
- The decedent’s medical bills
- The decedent’s income and employee benefits
- The decedent’s funeral and burial expenses
- The surviving family members’ loss of the love, companionship, support, and advice of the decedent
- The decedent’s pain and suffering before their death
It is important to know that Oregon has a cap on the amount of compensation that can be awarded for non-economic damages in wrongful death cases. According to ORS § 31.710, there can be no more than $500,000 awarded for intangible losses such as emotional distress, loss of care and comfort, mental anguish, humiliation, or physical pain.
Is there a deadline for filing a wrongful death claim?
Yes, there is a deadline for filing a wrongful death claim in Oregon. The statute of limitations is slightly different in wrongful death lawsuits when compared to personal injury claims, though these types of lawsuits are similar in many ways. However, under ORS § 30.020, the decedent’s personal representative has a maximum of three years from the date of their final injury to file the lawsuit.
This is an important distinction, as the statute of limitations does not expire three years from the date of the decedent’s death. It will expire three years from the date that the decedent suffered the fatal injury. If this deadline passes and the wrongful death action has not been filed, your family may miss out on the opportunity to have your case heard in court.
Connect With a Compassionate Lake Oswego Wrongful Death Attorney for Help Today
When you first learn of your family member’s passing, it can feel as though the world has stopped. You should not be forced to contend with this loss while the liable party goes about their everyday life. Whoever is responsible for causing your loved one’s death should be held accountable to the fullest extent of the law. There is no better way to ensure justice is served than by taking matters into your own hands through a wrongful death lawsuit.
This could be your best opportunity to bring the at-fault party to justice and recover the compensation your family is entitled to. When you are unsure of whether you have grounds for a claim or what your next steps should be, do not hesitate to consult a dedicated Lake Oswego wrongful death attorney from Paulson Coletti Trial Attorneys PC for the answers you need when you need the most.
You can get started on your civil lawsuit and insurance claims as soon as today when you call our office at (503) 226-6361 or complete our convenient contact form to schedule a free consultation.