Losing a loved one is a tragic event, especially when it could have been prevented. No legal action could ever replace the death of someone you love. However, families who have lost loved ones due to another another’s negligence may be able to pursue financial compensation for the losses they have suffered. If your family has suffered such as loss, the Gresham wrongful death lawyers at Rizk Law are ready to help you explore your legal options. We understand the pain you are going through during this difficult time and can help you secure the compensation you and your family deserve. Our firm has won millions in compensation for our clients throughout the Gresham area and across Oregon. We are well-versed in Oregon’s wrongful death laws and will not stop fighting for your rights until you get the justice you need.

Contact us today to see how we can help you pursue compensation for your case. We offer free consultations and charge no upfront fees because we work on contingency – we only get paid if you do.

Get started today by calling 503.245.5677.

What is a Wrongful Death?

Oregon Revised Statutes (ORS) 30.020 defines a wrongful death as the death of a person caused by the wrongful act or omission of another. This means the death was the result of negligent, intentional, reckless or criminal acts of another party. A person is considered negligent if he or she fails to exercise reasonable care when it is their duty to do so.

wrongful death can be caused by negligence due to defective or poorly designed products, doctors performing medical errors, drivers speeding or under the influence of drugs or alcohol, or nursing home staff failing to provide residents with basic needs such as food, water and medication.

Some of the most common types of incidents that lead to a wrongful death include:

  • Boating accidents
  • Product liability
  • Motorcycle accidents
  • Construction accidents

Wrongful death claims are similar to personal injury claims, except the victim is no longer alive to pursue legal action. In this case, a family member may be able to file a wrongful death lawsuit on behalf of their loved one’s estate and any surviving beneficiaries.

If you lost a loved one because of another’s actions, contact a Gresham wrongful death lawyer to review your claim and determine if you have a case. We can discuss your legal options and evaluate whether you are entitled to financial support.

Complete a Free Case Evaluation form today.

Damages Available in a Wrongful Death Case

Damages in a wrongful death case are meant to compensate the deceased person’s estate and surviving family members for losses related to the deceased person’s death. This can include the following types of damages:

  • Medical costs related to the deceased person’s final injury or illness
  • Funeral and burial expenses
  • Lost wages and benefits, in addition to the value of compensation the deceased person would have reasonably earned in the future if he or she were still alive
  • Compensation for pain and suffering the deceased person endured before death
  • Compensation for loss of companionship suffered by the surviving family members due to the untimely loss of their loved one

In certain situations, if the death of a loved one resulted in extreme negligence or intentional behavior, punitive damages may also be awarded. Punitive damages are meant to punish the at-fault party and send a message that this type of malicious behavior will not be tolerated under any circumstances.

Cap on Non-Economic Damages

In Oregon, there is a cap or limit on the amount of compensation you can recover for non-economic damages in a wrongful death lawsuit. Under ORS 31.710, the award for non-economic damages cannot exceed $500,000. These types of damages are difficult to monetize and can include physical pain, mental suffering, emotional distress and loss of companionship.

Although a wrongful death lawsuit cannot change the death of someone you love, it can help you obtain some form of justice and financial stability during this trying time. Our wrongful death attorneys in Gresham will work hard to help you receive the full value of your claim by calculating the proper monetary value of the losses your loved one suffered.

Our firm is ready to schedule your free consultation: 503.245.5677.

Who Can File a Wrongful Death Claim?

ORS 30.020 states that certain people may file a wrongful death claim, including the decedent’s:

  • Surviving spouse
  • Surviving children
  • Surviving parents
  • Surviving grandparents
  • Stepchildren or stepparents
  • Anyone who would have been entitled to inherit the deceased’s personal property if they passed away without a will

The personal representative is generally a member of the decedent’s family or someone who was appointed to pursue a case on behalf of the decedent if there are no surviving family members including his or her own spouse, children or parents. Any compensation awarded goes to the beneficiaries of the decedent’s estate.

Fill out a Free Case Evaluation form so a Gresham wrongful death lawyer can review your claim.

Oregon’s Time Limits for Wrongful Death Lawsuit

Wrongful death cases are subject to a statute of limitations, which is the time limit you or another family member has to file a claim.

In the state of Oregon, the statute of limitations for wrongful death cases is within three years from the date of the deceased person’s final injury, or from the date of discovery of the negligence. If the suit is not filed before the time limit expires, you or a loved one will lose the right to file a lawsuit.

It is important to not wait to file a wrongful death claim or you will risk the chances of not recovering any compensation for the financial or emotional losses suffered. An experienced Gresham personal injury attorney help ensure your claim is filed on time before the deadline passes.

Complete our Free Case Evaluation form now so we can get started.

Contact a Gresham Wrongful Death Attorney

If you have lost someone you love due to the harmful actions of another person, the caring team at Rizk Law may be able to help you recover fair compensation. It is tragic to lose a loved one, especially when bills and other financial hardships just add to the feelings of grief and injustice.

Our Gresham wrongful death attorneys can review your claim, determine your legal options and discuss how to move forward with your case during a risk-free, no obligation consultation. We charge no fees unless we are able to help you obtain compensation for your losses and expenses.

Call 503.245.5677 to see how we might be able to help you.