[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/what-does-wrongful-death-mean-in-oregon\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/what-does-wrongful-death-mean-in-oregon\/","headline":"What Does Wrongful Death Mean in Oregon?","name":"What Does Wrongful Death Mean in Oregon?","description":"Wrongful death occurs when a victim is killed as a result of a lack of reasonable care under the circumstances presented. A wrongful death claim belongs to a victim\u2019s survivors. Such survivors may seek monetary damages to compensate for the consequences of such improper conduct. A wrongful death claim differs from a simple negligence claim...","datePublished":"2012-02-27","dateModified":"2025-05-28","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","width":383,"height":427},"url":"https:\/\/www.rizklaw.com\/blog\/what-does-wrongful-death-mean-in-oregon\/","about":["Personal Injury"],"wordCount":414,"articleBody":"Wrongful death occurs when a victim is killed as a result of a lack of reasonable care under the circumstances presented. A wrongful death claim belongs to a victim\u2019s survivors. Such survivors may seek monetary damages to compensate for the consequences of such improper conduct.A wrongful death claim differs from a simple negligence claim for a victim\u2019s injuries. To understand wrongful death claims, we must consider English \u201ccommon law\u201d, the basis of most American jurisprudence.In England, a wrongful death claim did not exist. Because, it was thought that the victim\u2019s claim died with him. Injustice resulted since surviving family members had no claim and death was never vindicated. To correct this problem, American states passed wrongful death laws to compensate for damages flowing from the victim\u2019s death. Today, every state has a wrongful death statute of some type.Wrongful death statutes are state specific. However, most wrongful death statutes require:Death was caused, in whole or part, by defendant\u2019s conduct;Defendant was negligent or strictly liable for the victim\u2019s death;The existence of a surviving spouse, children, beneficiaries or dependents;Monetary damages due to the victim\u2019s death.Oregon\u2019s wrongful death statute is Oregon Revised Statutes 30.020 which reads in relevant part:In Oregon wrongful death claims must be brought within three years, but significant exceptions apply to this rule. And, special Oregon \u201ctort claim notice\u201d rules may also apply. An attorney should be consulted on death cases.In considering how much to award for wrongful death Oregon courts consider the following factors:Charges necessarily incurred for \u2026 medical services, burial services and memorial services \u2026;Disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent\u2019s death;Pecuniary loss to the decedent\u2019s estate;Survivor\u2019s loss of companionship and services of the decedent;Punitive damages the decedent would have recovered had he or she lived“The dead cannot cry out for justice; it is a duty of the living to do so for them.”Lois McMaster Bujold, 2001In the event that you have lost a family member or loved one due to the negligence of another individual or as a result of a dangerous or defective product, we encourage you to contact a licensed wrongful death lawyer in Portland from Rizk Law today. There is no cost to speak to an attorney about your claim and there are no upfront fees if we taken on your case. Ph: 503.245.5677."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Does Wrongful Death Mean in Oregon?","item":"https:\/\/www.rizklaw.com\/blog\/what-does-wrongful-death-mean-in-oregon\/#breadcrumbitem"}]}]