Portland Wrongful Death Attorney

When a loved one’s death is the result of someone else’s negligence, the case can be considered wrongful death. Families of wrongful death victims are often left emotionally and financially devastated.

The legal system, therefore, provides families with a way to bring a wrongful death action against the negligent party (or company) to hold them accountable for their negligence. These lawsuits can also help families recoup some of the costs associated with an unexpected death, including burial and funeral expenses.

Call our Portland wrongful death lawyer today to schedule a free initial consultation – (503) 862-8712. Our law firm is committed to helping our clients receive the legal justice they deserve.

Why Choose Paulson Coletti Trial Lawyers PC?

If you’ve suffered serious injuries in the Portland area, it’s crucial to have a legal team with the expertise to manage every part of your personal injury claim. Several principles guide our approach when handling wrongful death cases:

Our Portland Wrongful Death Attorney Can Guide You Through Every Step

Our Wrongful Death Settlements & Verdicts

Through passionate advocacy and years of honed trial skill, the attorneys at Paulson Coletti have secured some of the following verdicts and settlements for wrongful death clients:

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Our Client Testimonials

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“Attention to detail, emotional support, and thorough investigative work took us from start to successful finish.” – Jo

“I would (and have) recommended them to anyone seeking help in receiving a fair settlement for their injuries.” – Scott

“The result was more than I had dared hope for…” – Gail

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Meet Portland Wrongful Death Lawyer John Coletti

Attorney John Coletti

John Coletti is a Partner with Paulson Coletti Trial Attorneys PC. As an experienced Oregon injury attorney, he has years of experience handling wrongful death cases in Portland and across the state. Mr. Coletti understands how traumatizing it can be to deal with the premature loss of a loved one, particularly when a fatal incident occurs due to another person or party’s negligence.

Mr. Coletti is prepared to handle every aspect of your case from start to finish, from filing a claim to negotiating with the insurance company. He is committed to securing the best possible outcome in your case, whether that is possible via a settlement or by going to court. You can trust that Mr. Coletti and his colleagues will fight tirelessly on your behalf.

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What Is Wrongful Death?

When we look specifically at Oregon law, we can see that a death is considered wrongful if it is “caused by the wrongful act or omission of another” (ORS 30.020). The definition is rather vague, and the reality is that wrongful death claims can arise in a wide variety of ways in this state.

Types of Wrongful Death Cases

Some of the most common ways that wrongful death claims arise include incidents involving:

This is absolutely not a complete list of the ways that wrongful death cases arise in Oregon. Anytime a person’s negligence causes someone to lose their life, a wrongful death case could arise against that individual. If you are unsure if your situation qualifies or not, do not hesitate to contact our Portland wrongful death attorney for a free consultation.

Oregon Statute of Limitations

How Long Do I Have to File a Wrongful Death Claim?

Most states have a time limit to filing a legal claim, known as the statute of limitations. According to  Oregon Revised Statutes 30.020, the wrongful death statute of limitations is three years from the date of the deceased individual’s final injury.

It is important to point out that, unlike other states where the statute of limitations clock starts ticking from the day the person dies, that is not the case in Oregon. It is the date from when the person received their final injury.

In other words, if a person is injured in a vehicle accident but does not pass away until a few months later as a result of their injuries, the time frame for filing the wrongful death claim is from the day the accident occurred, not the date of death.

Additionally, insurance carriers involved in these claims will also have their own reporting deadlines. Typically, insurance carrier deadlines expire long before the personal injury or wrongful death statute of limitations.

You need to work with a skilled Portland wrongful death lawyer who has experience handling these cases and can file the claim with the necessary parties before the deadlines expire.

Who Can File a Wrongful Death Lawsuit in Oregon?

In many states around the country, the family members of the deceased are responsible for filing the wrongful death case in civil court. However, in Oregon, only the personal representative or executor of the deceased person’s estate is allowed to file these lawsuits.

Typically, if the deceased individual had a will, they would likely have named the personal representative there. More often than not, the personal representative or executor of the estate will actually be a member of the family, but that does not have to be the case. If the deceased did not have a will or if the personal representative named is not able to serve, the court is allowed to appoint someone else.

Potential Compensation in Oregon Wrongful Death Suits

There may be various types of compensation available to a deceased individual’s estate or the surviving family members. This includes, but is not limited to, coverage of the following:

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How Much Will You Receive After a Successful Claim?

There is no set amount of compensation an estate or family members will receive as a result of a successful wrongful death claim. There are various factors that will be taken into account when coming up with these total dollar values, including:

A skilled wrongful death lawyer in Portland will work with trusted medical and economic experts who can help adequately calculate the total expected losses on behalf of the estate and the family members.

Everyone Deserves a Passionate Advocate

Our Portland wrongful death lawyers represent clients throughout Oregon and Washington. We have  more than 100 years of combined experience among us — a decided advantage that enables us to handle cases with authority and insight.

As you focus on healing and being with your family during this difficult time, our firm will assume responsibility for handling the legal concerns you and your family face by pursuing justice on your behalf. We are prepared to take the necessary action to hold responsible parties liable for your loved one’s death. From premises liability claims to truck accident lawsuits in Portland, we can help.

Contact Our Portland Wrongful Death Attorney Today

If you have lost a loved one as a result of the careless or negligent actions of another individual or entity in the state of Oregon, you need to reach out to a skilled attorney as soon as possible. These claims can become incredibly complicated, particularly when going up against insurance carriers or legal teams for the other party. When you have a skilled lawyer by your side, you will have an advocate that will have your back the entire way through the claim.

Your lawyer will understand how challenging these wrongful death claims are for you and your family. Our team will work diligently with the personal representative of your loved one’s estate to ensure that the estate and the surviving family members recover the compensation they are entitled to.

To learn more, or to schedule a free case review with our caring and knowledgeable Portland personal injury lawyers, please call Paulson Coletti today at (503) 862-8712 or fill out our online contact form.

 

 

Frequently Asked Questions

How Long Does a Wrongful Death Lawsuit Take?

Every wrongful death case is different, so there is no single timeline that is applicable for every case. Some wrongful death cases may be settled over the course of a few months, whereas others may take years to resolve. It is very likely that your case will take at least several months, as your lawyer needs time to gather evidence, bring in medical and financial experts, and negotiate with the insurance company. If your case is particularly complex or goes to court, it may take longer to conclude.

Although it is difficult to predict exactly how long a case will take, a Portland wrongful death lawyer at Paulson Coletti Trial Attorneys PC can help you understand your legal options in greater detail during a free consultation.

How Does Wrongful Death Civil Case Differ From a Criminal Case?

It is important to point out that wrongful death claims are different from criminal charges that a person could face for taking the life of another. Prosecutors in Oregon are responsible for pressing charges against individuals accused of causing a death. Not every wrongful death claim will also involve a criminal charge against the individual. In many cases, the negligence that causes a wrongful death is not the same thing as a criminal action that causes the death.

Individuals face charges when they willfully or recklessly cause the loss of life. In many cases, a person can face criminal charges for the death of an individual as well as a civil lawsuit from the family for the death of the individual. There do not have to be any criminal charges in order for family members to file a wrongful death claim in Oregon. Even if a person does face charges and the charges are later dropped, or if they are found not guilty, a wrongful death claim can still proceed forward and be successful.

Because of the time limits placed on wrongful death claims, we strongly encourage you to work with a skilled lawyer as soon as possible, even if the person responsible for your loved one’s death is facing criminal charges. Prosecutors are not responsible for filing wrongful death claims, and they will not be able to assist you with this. You need your own wrongful death lawyer who has experience handling these types of civil matters.

Will I Have to Go to Court?

Many personal representatives and family members of a deceased individual wonder if they have to go to court in order for their case to be successful. The vast majority of wrongful death claims in Portland are resolved through settlements with insurance carriers. When a claim is resolved in this manner, individuals will typically never set foot in a courtroom.

However, there are times when insurance carriers and legal teams for the other party put up a fight from having to payout compensation. When this happens, it will certainly be necessary to file a wrongful death lawsuit in civil court. This still does not mean that you will have to go to the courtroom for your case to be heard.

When a lawsuit is filed, this means that the discovery process will start, where attorneys for both sides will exchange evidence and information with one another. Investigations will typically continue, and so will negotiations throughout this process. As more evidence comes to light, this often means that one side or the other decides to settle the claim or drop the case altogether.

If a settlement is reached during this time frame, you will not have to go to court. However, if the two sides cannot reach an agreement, a jury trial will become necessary, and this does mean you have to go to court in order for your case to be successful.

Your lawyer will prepare you for any of this. Your attorney will walk you through the entire process, and they will keep you apprised of all developments with your case. You will not be “surprised” by a sudden court appearance.

Why Hire a Wrongful Death Attorney in Portland?

Dealing with the aftermath of a wrongful death in your family is a traumatic experience that we would not wish upon anyone. At Paulson Coletti Trial Attorneys PC, we are committed to fighting relentlessly to secure justice for your lost loved one. Filing a lawsuit can be a confusing, complex process that takes months or even years. Our attorneys have litigated countless wrongful death lawsuits and bring the experience necessary to effectively fight for your family.

In the aftermath of an accident that claims the life of a loved one, you and your family deserve time to grieve and support one another. Our lawyers will handle every component of your claim on your behalf and work to secure the best possible result in your case. It is impossible to put a price on your loved one’s life, but we strive to secure justice and hold those responsible for your loss accountable. We are fully prepared to take your case to trial, if that’s what it takes to hold the responsible party liable for their actions.

Areas We Serve

We serve areas across Portland, including but not limited to:

Arlington Heights, Forest Park, Goose Hollow, Hillside, Linnton, Northwest District, Old Town, Pearl District, Downtown, Sylvan – Highlands, Arnold Creek, Ashcreek, Bridlemile, Collins View, Crestwood, Far Southwest, Hayhurst, Hillsdale, Homestead, Marshall Park, Multnomah, South Burlingame, South Portland, Southwest Hills, West Portland Park, Arbor Lodge, Bridgeton, Cathedral Park, East Columbia, Piedmont, Portsmouth, St Johns, University Park, Alameda, Concordia, Eliot, Lloyd District, Cully, Hollywood, Rose City Park, Hazelwood, Parkrose Heights, Pleasant Valley, Woodland Park, Brooklyn, Eastmoreland, Kerns, Laurelhurst, Montavilla, North Tabor, Richmond, Sunnyside, Woodstock.