When someone you love dies because of the negligence or recklessness of another, you feel more than grief. You feel victimized and wronged – this is an unfair burden to stack onto your sorrow. This is why families often decide to take legal action to hold the responsible party accountable under the law.
If you are considering taking this step, an experienced Portland wrongful death lawyer can guide you through the entire process. These lawsuits compensate the survivors of the deceased for their expenses, including medical bills, funeral costs, lost income, and in some cases punitive damages. Holding the responsible party financially accountable is an important step because it can help prevent other families from losing loved ones in the future due to the same type of negligence. Of course, compensation will never change what happened. However, it can be a very important part of helping families deal with the financial and emotional effects of a loved one’s passing.
Schedule your free, no obligation legal consultation today to learn more about your legal options after the loss of a loved one. If you have a case and want to pursue it, you will not owe us anything unless you receive compensation.
Our firm was founded in 2001 by Richard Rizk and we serve people throughout the Portland area. Rizk is the president of the South Portland Business Association.
Call Rizk Law today at 503.342.0783 or complete our Free Case Evaluation form.
Wrongful Death Laws in Portland, Oregon
According to Oregon Revised Statutes (ORS) 30.020, a wrongful death is a death caused by the wrongful act or omission of another. In other words, a wrongful death is one that is caused by an intentional, negligent or reckless act by another person or entity.
These claims are just like personal injury claims except the victim is not alive to pursue legal action. If the victim would have had cause for legal action had he or she survived, his or her family members likely have grounds to file a wrongful death lawsuit.
Wrongful deaths are caused by a variety of situations, including:
- Car accidents
- Bicycle accidents
- Motocycle accidents
- Pedestrian accidents
- Truck accidents
- Product liability
- Slip and fall accidents
- Nursing home abuse
- Defective medical equipment
- Medical malpractice
- Drowning accidents
- Nursing home neglect
- Workplace injuries
- Construction accidents
- Skiing accidents
Who Can File a Wrongful Death Lawsuit?
Since the victim of negligence cannot take legal action, his or her personal representative can file suit for the benefit of the:
- Surviving spouse
- Surviving children
- Surviving parents
- Stepchildren
- Stepparents
- Others who are under the law of intestate succession in the state of the decedent’s domicile would be entitled to inherit the deceased’s property
The personal representative is often one of the decedent’s family members. Sometimes it is someone else who was appointed by the decedent before he or she died.
Types of Wrongful Death Damages
You can pursue a variety of compensation for the damages caused by your loved one’s death. This could include reasonable charges for:
- Doctors’ services
- Hospital services
- Nursing services
- Other medical services
These are expenses that are incurred prior to your loved one’s death. For example, if your loved one suffered an injury and this led to his or her death, your wrongful death lawsuit may provide compensation for the medical bills incurred after the injury.
Oregon law also allows you to pursue compensation for reasonable burial and funeral services.
You can also pursue compensation for the following, for the period between injury and death:
- Disability
- Pain
- Suffering
- Loss of income
The decedent’s spouse, children, stepchildren, stepparents and parents may also be entitled to compensation for:
- Pecuniary loss – These are monetary losses caused by the decedent’s death, such as earnings from work.
- Loss of society, companionship and services – This covers the value of services provided by the decedent, such as child care and maintenance and care of the home.
In some cases, you could be entitled to punitive damages. However, this is reserved for cases of extreme or intentional negligence. These damages are not linked to specific losses you suffered. They are intended to punish the perpetrator and deter similar conduct by others in the future.
