Fewer Cases Better Results
Time Limits for Wrongful Death Lawsuits
In addition to the practical time limit of trying to gather information while it’s fresh, there are also legal time limits. These legal time limits are called “statutes of limitations” and you will hear this term a lot. First, another statement of our disclaimer: statutes of limitations are notoriously difficult. There are many, many special… read more
Securing Evidence in a Timely Manner
Immediately after the death of a loved one, you are likely in no condition to be talking with lawyers, thinking about legalities, or, certainly, securing evidence. But we can promise you, the insurance company and lawyers for the person or company responsible for the death will not hesitate. They will rush out and gather whatever… read more
Once a settlement offer has been made, it is your lawyer’s job to advise you as to whether the offer is reasonable given the risks of a trial. But it is the personal representative’s job – not the lawyer’s – to make the final decision as to whether to accept a settlement offer. A judge… read more
The Defense Will Disparage the Life of Your Loved One
Much of the other side’s case will be based on trying to show that the decedent’s life was not worth all that much. This is a harsh aspect of our legal system. Your lawyer will be showing that the deceased person was a human being who lived a full life, loved and was loved in… read more
Long before a trial is ever held, both sides have the right to “discovery.” In Oregon state court, this centers on depositions and requests for discovery. Let’s take them one at a time. Depositions are like recorded, official interviews. In a deposition, the lawyer can ask questions of opposing parties and witnesses, and they have… read more
Meeting with and Choosing Your Attorney
Choosing a lawyer is of course a crucial step in the process. You should interview several lawyers, and you should ask them hard questions. Take notes, and feel free to bring a trusted friend or relative with you. But do be aware that the presence of a friend may negate the confidentiality of the meeting,… read more
This is a Commitment – Are You Ready?
You may be surprised to read this in a post written by lawyers who focus on personal injury and wrongful death claims, but a wrongful death claim is NOT for everyone. It will require a commitment of both time and energy – probably yours – to bring a wrongful death lawsuit. We write “probably yours,” because… read more
Role of the Personal Representative
Even if you are not considering hiring a professional, thought still must be put into who should be the PR. For example, if a woman dies leaving behind a husband and two children, ages 19 and 21, which of the three would make the best PR? One of the children may get more sympathy from… read more
Hiring a Lawyer or Other Professional to Serve as Personal Representative
Sometimes a judge may appoint a personal representative who is not a beneficiary. When this happens, the person appointed is usually a professional who does this sort of thing for a living, often a lawyer. Because it’s a job, the person gets paid. This is usually done when the only beneficiaries are all under 18,… read more
How a personal representative is chosen for an estate
The personal representative has to be approved by a judge. Usually, all of the beneficiaries will agree upon one of them to be the personal representative. There is a specific order that the law states (ORS 113.085) is the preferred way to choose a P.R. Here is the order: Executor named in a will Spouse… read more