Oregon Wrongful Death Lawsuit

When someone you love dies because of negligence or recklessness of another, you feel more than grief. You feel victimized and wronged. It’s an unfair burden to stack onto your sorrow. Friends or family may try to dissuade you from pursuing justice and compensation for your loss; they might even placate you by saying, “It won’t bring her back.” And you’re right; won’t. However, seeking justice and compensation with an Oregon wrongful death lawsuit is important — not only for you but for everyone. Wrongs that are not righted tend to repeat. Wrongful death is aptly named. It means somebody did something wrong. Pursuit of justice is a move toward what is right.

What Is Wrongful Death?

According to Oregon Law, a wrongful death is “a death caused by the wrongful act or omission of another.” The wrongful act or omission of another can be accidental, intentional, recklessness, or negligent. Examples include negligent or reckless:

operation of a motor vehicle
operation of a watercraft
use of a firearm or dangerous weapon
management of a construction site
management of a hospital
care of patients (accidents by doctors, nurses, or any hospital staff)
management of a nursing home
management of a store, mall, or building.(slip, trips, or falls)
management of a workplace (OSHA violations)
manufacture of products (cell phone catches fire, vehicle tires explode)

What Is an Oregon Wrongful Death Lawsuit?

The goal of an Oregon wrongful death lawsuit is an award of compensation for the loss of the deceased. It is an action usually brought by the close relatives of a deceased against an individual or company whose accidental, intentional, reckless, negligent, or criminal acts caused the decease’s death.

Who Can File an Oregon Wrongful Death Lawsuit?

Of course, because your loved one is deceased, they cannot file a wrongful death lawsuit on their own behalf. However, under Oregon law, the immediate family of the deceased may file a wrongful death lawsuit.The following are examples of immediate family members:

Spouse
Children
Siblings
Parents

In addition to the above, grandparents, stepchildren, and stepparents may also file a wrongful death lawsuit.

Who Do You File an Oregon Wrongful Death Lawsuit Against?

Your attorney will file your Oregon wrongful death lawsuit against those individuals or company who negligently, recklessly, carelessly, or intentionally caused the death of your loved one.

The individuals or company might include the following:

The individual that fired the fatal gun shoot
The company that manufactured the fatal product
The doctor, nurse, or health care provider that committed the fatal medical procedure
The driver that caused the fatal boat, car, motorcycle, or truck accident
The bartender along with the bar owner who served the wrongdoer alcohol
The pharmacist that dispensed the fatal dose of medication

Why Should I File an Oregon Wrongful Death Lawsuit?

Yes, filing an Oregon wrongful death lawsuit will not bring your loved one back. But an award from the lawsuit will allow you to alleviate the burden of medical expenses incurred by your loved one prior to their death and give you the financial security that you’ll need as you go forth in your life without your loved one.

Further, an Oregon wrongful death lawsuit may give you the peace of mind that comes from doing for a loved one what they could not do for themselves. It will allow you to hold the wrongdoer responsible and punish them, especially if their actions where maliciously intended and grossly reckless, and to deter them and others from committing future bad acts and causing other deaths.

When Should I File an Oregon Wrongful Death Lawsuit?

Under Oregon law §30.020 a wrongful death lawsuit should be filed within three years from the date the deceased received the fatal injury caused by the wrongdoer, not the date the deceased died.

Do I Have to Pay My Attorney to Take My Oregon Wrongful Death Lawsuit?

No! Your attorney will inform you that wrongful death cases are taken on a contingent basis only which means that your attorney will only take a fee if you are awarded damages.

What Will I Receive From an Oregon Wrongful Death Lawsuit?

You should expect to receive damages from a wrongful death lawsuit. You will receive damages as compensation for the injury to and death of your loved one. The following are just a few examples of damages you may receive:

Your loved one’s pre-death medical costs incurred because of the accident.
A monetary sum for your loved one’s pre-death pain and suffering.
Some money for your loved one’s pre-death loss of income.
Compensation for your loved one’s expected future income.
A monetary sum for your loved one’s funeral, memorial, or burial expenses.
Monies for the loss of nurturing, care, and guidance that your loved one would have provided notwithstanding their death.
A monetary sum for the loss of love, companionship, and consortium that your love one would have provided notwithstanding their death.

In addition, you may receive punitive damages, in a monetary sum, as an award for the loss of your loved one.

The court awards punitive damages in a wrongful death lawsuit to punish the wrongdoers for their grossly reckless, intentional, or malicious acts (a company manufactures automobile tires with the knowledge that they might explode) and to deter the wrongdoer and others from future reckless and intentional acts that might cause harm or death to others.

What Is Settlement of an Oregon Wrongful Death Lawsuit?

A settlement in an Oregon wrongful death lawsuit occurs when your lawyer and the lawyer for the wrongdoer agree that you are entitled to a certain sum of money because of the actions, of the wrongdoer, that caused your loved one’s death.

Further, if your attorney achieves settlement, you will no longer have a need to take your case to court.

What Should I Expect at Trial in an Oregon Wrongful Death Lawsuit?

For you to prevail at trial in an Oregon wrongful death lawsuit, your attorney must prove the following:

The wrongdoer owed your deceased loved one a duty of “due care” to keep them safe or otherwise not to hurt them. (An individual must operate their car in a manner that is safe to others or otherwise in a manner that they do not hurt others.)
The wrongdoer breached their duty of care to your loved one. (The wrongdoer operated their car at a high rate of speed causing the accident that took your loved one’s life).
The wrongdoer’s breach of their duty to your loved one caused your loved one’s death. (The car the wrongdoer was driving, at a high rate of speed, was the car that struck your loved one and caused their death not some other driver in another vehicle.)
Your loved one suffered damages. (In a wrongful death action the damage your loved one suffered was death).

Compensation for You and Protection for Society

My name is Richard Rizk. I have handled many wrongful death cases. Each one is important. It compensates the survivors of the decedent for their expenses, including medical bills, funeral costs, lost income, and in many cases even punitive damages. By holding the responsible party financially accountable, people and especially companies will go out of their way to make sure it doesn’t happen again.

Dangerous conditions that exist are eliminated, products are improved, procedures are improved, and regulations are implemented, all because an Oregon wrongful death lawsuit was filed and the responsible party was court-ordered to make amends. The safety we all enjoy as a society exists in large part because of our belief in accountability and justice. Your wrongful death lawsuit upholds this belief.

What Should You Do?

Different negligent acts have varying statutes of limitation or the amount of time you have to file against the responsible party after the incident. Calling me as soon as possible after the event is your best option. Waiting could mean important evidence could disappear. Also, if the responsible company is chronically negligent, you could find yourself at the end of a long line of lawsuits seeking redress for wrongs committed by them.

By contacting me early, we can lay out a plan that protects your rights and allows you to relax while I take care of the specifics of your case. My experience with wrongful death suits will make it easy on you and help you receive the compensation and closure you deserve.

Get the Help You Need With Your Oregon Wrongful Death Lawsuit

We understand that bringing an Oregon wrongful death lawsuit maybe very daunting and even scary, especially at a time when you’re grieving. You need an attorney you can trust. Call Richard Rizk Law Office at (503) 245-5677 for a free consultation.