How Wrongful Death Lawsuits Work in Oregon

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Wrongful Death Law Firm

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 relative of the deceased called the “personal representative.” In practical terms, this is usually the same person who represents the estate in other probate proceedings. It may be a spouse, child, parent, or some other major beneficiary who stands to inherit the deceased person’s property. The personal representative may also be someone who is appointed to act as such, like an attorney.

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 only apply in rare cases where the negligence or harm was egregious.

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 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 a copy.

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. In some cases, 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.

FAQs About Wrongful Death Cases in Oregon

Still have questions? It’s understandable. It would be impossible to cover everything about this branch of law on one page, so we’ll tell you as much as we possibly can, and if you still have questions, don’t hesitate to give us a call.

Here are some commonly asked questions that we get asked about wrongful death cases in Oregon:

Is there a statute of limitations (time limit) on filing a wrongful death case in Oregon?

Yes, the statute of limitations on filing a wrongful death case in Oregon is three years from the date of the incident that caused the death. Keep this in mind – it’s not three years from the actual death, but three years from the event itself.

This is important because the statute of limitations is strictly enforced. Exceptions may happen, but they are very, very rare.

Can the defendant filing for bankruptcy affect a judgment in a wrongful death case?

Yes, it definitely can, and it’s important to be aware of how. Just because the defendant files for bankruptcy doesn’t mean that the judgment will be discharged. However, it can be. Whether it will or not depends on a number of factors.

If the court finds that the wrongful death was the result of actions that were negligent but not intentional, they may decide to discharge the judgment like any other debt. If the court finds the wrongful death was the result of willful or malicious conduct, it’s less likely that the judgment will be discharged.

As always in a court of law, the details are what matter most, and your attorney will be able to give you a better idea of what you can expect in your case.

Need a Free Consultation?

Now that we’ve walked you through the typical steps of a wrongful death case in Oregon, you should have a general idea of what to expect, but keep in mind, every case is different. Your case may have extenuating circumstances or unusual factors that affect it, and if so, your attorney should fill you in on the details as soon as they become apparent.

If you’re considering it, our experienced wrongful death attorneys are here to guide you through every step of the process. Call us today for a free, no-obligation consultation where we’ll review your case, answer your questions, and help you understand your legal options.

You deserve justice, and we’re here to fight for it. Contact us now – we work on contingency, so there’s no fee unless we win your case.

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