Wrongful Death Lawsuits in Oregon & Statute of Limitations
Losing a loved one under any circumstances is devastating and traumatic. When that death was caused by another’s negligence or wrongful conduct, it only adds to the pain. The last thing you want to deal with is a wrongful death lawsuit. However, a wrongful death lawsuit in Oregon must be filed within a certain period of time. So while it isn’t fair for you to be faced with legal matters after losing someone you love, time is of the essence. A wrongful death lawsuit can potentially provide compensation that will benefit your family greatly following your loved one’s death.
What is a wrongful death lawsuit in Oregon?
The law in Oregon states that wrongful death of a person is caused by another person’s negligence, recklessness or intentional conduct. In other words, a wrongful death occurs when one person dies as a result of the legal fault of another’s wrongful act or omission. If a person dies under any of these circumstances, a civil Oregon wrongful death claim may be filed for damages.
Oregon Wrongful Death Statute of Limitations
In Oregon, the statute of limitations that applies to most wrongful death lawsuits has a deadline of three years from the date of the incident that caused the death. If the claim is not filed before the time period expires, it will in most cases be barred from the court.
Exceptions to the Oregon Wrongful Death Statute of Limitations
There are a few very limited exceptions to the standard three-year statute of limitations period in Oregon. The Discovery Rule is one of them. If a party could not be expected to learn the actual cause of the death until a significant amount of time has passed since the death, this exception may allow the time limit for the statute of limitations to start at the time the cause of death was discovered. This is a very narrow exception and is a difficult road to navigate.
Wrongful Death Lawsuit Timeline
Every personal injury and wrongful death case is unique. It’s difficult to put an accurate estimate on the timeline of wrongful death lawsuits. Some may be settled as quickly as a few months while others can take up to 4 years to completely resolve.
Although working with a wrongful death attorney in Oregon does not necessarily speed up the process, it will ensure that all official records have been gathered and submitted at the appropriate times. An attorney that knows how the process works and how to make it as favorable for you as possible can be extremely beneficial.
What are the causes of wrongful death?
There are a variety of different things that can cause a wrongful death to occur. The definition of wrongful death is a party acting negligently, recklessly, and with a complete disregard for one’s safety. Here is a list of the most common causes of wrongful death:
1. Automobile Accidents
It’s estimated that nearly 40,000 people are killed on the roadways of the United States each year. Motorists have the responsibility to obey traffic laws and use caution while driving. Wrongful death can occur as a result of the driver of a vehicle towards another motorist or even towards a passenger with them in their own car. Automotive manufacturing companies can also be at fault if defective breaks, tires, seats, or other parts of the car malfunction while being driven.
2. Medical Malpractice
Medical malpractice takes place when a professional healthcare worker such as a doctor, nurse, or surgeon is negligent or omits to act or administer proper care and it results in death. The victim’s family can file a wrongful death lawsuit.
3. Airplane Accidents
Airplane accidents fall under the wrongful death category of cases similar to car accidents. For example, if a piece of equipment on the plane malfunctions, victims of the death can file a lawsuit against the manufacturing company or even the airline.
4. Product Liability
If a product is deemed defective, the law can hold the distributor, manufacturer, retailer, or supplier liable for the malfunction of that product. The three main types of product liabilities are design defects, manufacturing defects, and failure to warn consumers of defects.
5. Accident in the Workplace
Wrongful death lawsuits can be filed against an employer if an employee is killed as a result of an accident at work or if there was disregard for the employee’s safety. Such accidents are slips and falls, burns, equipment malfunctioning, and even explosions. Every employer has the obligation to meet the standards set forth by the Occupational Safety and Health Administration.
Who Can File a Wrongful Death Claim?
Unlike in a personal injury case, the injured person isn’t able to file their own legal claim. Another person or party must step in and file the lawsuit. In Oregon, only the personal representative (executor) of the deceased person's estate can file the lawsuit. If the deceased person prepared a will, they more than likely will have appointed a specific person as their personal representative. However, if there is no will or the personal representative can’t serve, the court will appoint someone.
Types of compensation for wrongful death
In a successful wrongful death lawsuit, the court will award damages to the deceased person’s surviving family or estate. Damages are the claimed losses in wrongful death or personal injury case. Compensation may be used to cover a variety of losses:
● Pain and suffering the deceased person experienced between the time of injury and death
● Funeral and burial expenses
● Medical and hospital expenses related to the deceased person’s injuries
● Lost wages and monetary benefits the deceased person would have been expected to earn if their life had not been cut short
● Loss of companionship and service the deceased provided the family
● Punitive damages may be awarded in cases where the defendant acted with extreme or outrageous conduct
Filing a wrongful death claim in Oregon
Wrongful death claims do not seek to put the perpetrator behind bars, though there is a chance that could happen. Oregon wrongful death laws can seem complicated and may leave you with a variety of questions. The laws are complex and multi-faceted. Having an experienced Portland wrongful death lawyer by your side can ease your worry and up your chances of receiving the compensation you deserve.
Wrongful Death Lawsuits and Statutes of Limitations Conclusion
Clearly, Oregon’s wrongful death and statutes of limitations laws are strict. Anyone considering filing an Oregon wrongful death claim would benefit from consulting with a Portland wrongful death attorney. Shannon Powell with Powell Law will closely examine the details of your claim and explain what steps need to be taken. He will guide you through the process while keeping you informed every step of the way. We serve the entire Portland area including Beaverton.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
