How Wrongful Death Lawsuits Work in Oregon

Wrongful Death Law Firm

Underdog Law Office has presented two wrongful death cases to local juries in the past three years. We’ve handled over a dozen wrongful death cases from Portland to Eugene over the past decade and helped families get justice.

If you’ve recently gone through the death of a loved one, we’re deeply sorry for your loss. At this difficult time, you may be considering whether to seek justice by filing a wrongful death lawsuit. You may also have reservations: Can you handle one more challenge, in addition to the unimaginable grief and readjustment to everyday life you’re already dealing with? It’s a question only you can answer, but to help you make your decision, we’ve put together this guide on how wrongful death lawsuits in Oregon work.

Who Can File a Wrongful Death Lawsuit in Oregon?

The lawsuit must be filed by a court-appointed “personal representative.” In practical terms, this is usually the same person who represents the estate in other probate proceedings. It is usually a professional lawyer or accountant, but can also be a spouse, child, parent, or some other major beneficiary who stands to inherit the deceased person’s property. 

What Are the Steps to a Wrongful Death Suit?

Are you ready to move forward with a wrongful death lawsuit? It’s a big step, and it’s important to know what you’re getting into. Here is a general idea of what you can expect.

Appoint a Personal Representative 

Before a wrongful death claim can be filed in Oregon, the court must appoint a personal representative for the deceased person. This individual is responsible for managing the lawsuit on behalf of the estate and the beneficiaries.

Identify the Beneficiaries

The lawsuit is filed for the benefit of specific family members defined by Oregon law — usually a spouse, children, parents, or others who were financially or emotionally dependent on the deceased.

Build the Case

The legal team will need to show that the death resulted from another party’s wrongful act or failure to act, such as negligence or intentional harm. This involves collecting medical records, accident reports, witness statements, and expert testimony. While building the case, you’ll also calculate how much to seek in damages. Wrongful death damages typically fall into three categories:

• Economic damages include medical bills, funeral expenses, and loss of expected earnings.
• Non-economic damages account for things like loss of companionship and emotional suffering. 
• Punitive damages are “punishing” damages but generally only apply in rare cases where the defendant’s conduct was intentional or reckless.

File the Lawsuit and Serve the Defendant

Once the case is prepared, the personal representative’s attorney files a complaint with the court. Oregon’s statute of limitations for wrongful death cases is generally two to three years from the date the injury occurred that led to the death, not necessarily the date of death itself.

The defendant — the person or entity being sued — must then be formally served with legal papers. There are additional limitations that apply to wrongful death lawsuits against the government. To pursue a claim for wrongful death against the state of Oregon, you must usually file a tort claim notice within one year. 

Often, the estate may also file a survival action alongside the wrongful death claim. This is a separate legal claim that seeks compensation for the pain, suffering, or medical expenses the deceased endured between the time of injury and their passing. It’s treated as though the person had lived long enough to bring a personal injury claim themselves. The beneficiaries can also seek recovery for the loss of the relationship with the decedent.

Discovery and Pretrial

After the lawsuit is filed, both sides go through discovery — a legal process where they exchange evidence, take depositions, and submit expert reports. Many wrongful death cases settle during this phase. If a settlement can’t be reached, the case proceeds to trial. In Oregon, most wrongful death cases are heard by a jury. However, in rare cases, both parties may waive that right and agree to a bench trial, which is heard by a judge only.

Trial and Outcome

If the case results in a settlement or court award, the funds are first received by the estate. From there, they are distributed to the beneficiaries according to Oregon’s wrongful death statutes or the terms of a will, if one exists. This is done under the supervision of the probate court.