When a loved one dies unexpectedly due to someone else’s negligence or wrongdoing, the emotional and financial impact can be overwhelming. In Oregon, wrongful death laws allow certain family members to take legal action to recover compensation and hold the responsible party accountable. These claims can help surviving relatives cope with the financial burdens that often follow a tragic loss.
Who Can File a Wrongful Death Claim in Oregon?
In Oregon, a personal representative of the deceased person’s estate must file the wrongful death lawsuit. This person may be named in the deceased’s will or appointed by the court. While only one person files the claim, compensation may be distributed to several beneficiaries, including:
- A surviving spouse or registered domestic partner
- Children (including stepchildren)
- Parents
- Other dependents or relatives who would inherit under Oregon law
What Is Considered a Wrongful Death?
A wrongful death occurs when someone dies due to the wrongful or negligent act of another person or entity. This includes:
- Car and truck accidents
- Medical malpractice
- Workplace accidents
- Nursing home neglect or abuse
- Dangerous premises or defective products
- Criminal acts, such as assault
If the deceased would have had a valid personal injury claim had they survived, the estate may pursue a wrongful death claim instead.
What Damages Are Available in Oregon?
Oregon allows for a wide range of damages in wrongful death claims, including:
- Medical expenses related to the injury that caused the death
- Funeral and burial costs
- Lost wages and future earnings
- Loss of companionship, society, and services
- Pain and suffering endured by the deceased before death
- Emotional distress experienced by surviving loved ones
In certain cases, punitive damages may also be awarded to punish especially reckless or intentional behavior.
How Long Do You Have to File a Wrongful Death Lawsuit?
Oregon’s statute of limitations for wrongful death claims is three years from the date of the injury that caused the death—not the date of death itself. It’s important to act quickly so you don’t lose your right to file a claim.
In cases involving government entities or medical negligence, additional notice requirements or shorter deadlines may apply.
Car Accidents and Wrongful Death in Oregon
If your loved one died in a car accident due to another driver’s negligence—such as speeding, distracted driving, or impaired driving—you may have grounds for a wrongful death claim.
Oregon follows a modified comparative negligence rule. Your loved one’s family can still recover compensation as long as the deceased was less than 51% at fault for the crash. Any damages awarded will be reduced by the deceased’s percentage of fault.
Fatal Workplace Injuries and Third-Party Claims
In Oregon, if someone dies due to a workplace accident, their family may be eligible for workers’ compensation death benefits, including funeral expenses and partial wage replacement.
However, if a third party—such as a contractor, vendor, or equipment manufacturer—contributed to the fatal injury, a wrongful death lawsuit may be filed in addition to workers’ comp benefits.
Frequently Asked Questions About Wrongful Death in Oregon
Can multiple family members file a claim?
No. Only the personal representative of the estate can file the claim. However, several family members may be eligible to receive compensation from the settlement or award.
What if the responsible party wasn’t criminally charged?
You can still pursue a wrongful death claim. Civil cases are separate from criminal proceedings and require a lower burden of proof.
Can I file a wrongful death claim if my loved one didn’t have a will?
Yes. The court can appoint a personal representative—often a close family member—to file the claim on behalf of the estate.
Are damages taxable in Oregon?
Generally, compensatory damages from wrongful death claims are not taxable. However, you should consult with a tax professional regarding any potential exceptions.
Talk to an Oregon Wrongful Death Attorney
If you’ve lost someone close to you because of another person’s negligence, a wrongful death attorney in Oregon can help. These claims can provide financial relief and a sense of justice during an incredibly difficult time. Reach out today to learn about your options and get the support you need to move forward.