Before discussing wrongful death laws, let us focus for a minute on the propriety of bringing a wrongful death lawsuit in the first place. There are some who think it’s wrong to accept money because someone died. We understand that accepting money due to the death of a loved one can seem wrong. But when […]
As mentioned in previous blog posts, a criminal case is separate and independent from a civil case. Some deaths result in only a criminal case (murder or manslaughter), but no civil case. Others may result in a civil case (known as wrongful death) but no criminal case. Still others may result in both. So yes, […]
Like most things in law, this is not always clear-cut. The law simply states that proceeds shall be distributed “in accordance with each beneficiary’s loss.” In many cases, the beneficiaries can all agree to a distribution. If this is not possible, a judge will determine how to split up the proceeds among the beneficiaries. We […]
How are damages determined? This is perhaps is the most complicated issue in Oregon wrongful death laws because so many factors have to be taken into consideration, including: Medical bills and burial expenses. The loss of wages the person would have earned had they lived. This is usually determined by an expert economist who will […]
Wrongful death is when a negligent, reckless, or intentional act by a person or company causes the death of another. Murder would certainly qualify, but so would a car crash, even if the bad driver who caused the death did not mean to hurt anyone, but was merely careless. Common Circumstances of Wrongful Death Include: […]
After the death of a loved one, many people say that they can’t find anyone who will talk about the death directly. Maybe it’s because people are scared, or maybe they think they are protecting your feelings, but whatever the reason, it can be difficult to find someone who will speak clearly and directly about […]
One very good reason to hire a lawyer is that if the lawyer makes a mistake that destroys an otherwise good case, the lawyer’s malpractice insurance can still pay. Missing the deadline for a Tort Claim or Dram Shop Notice are easy mistakes to make. If you make that mistake, or any other big mistake, […]
If you are considering a wrongful death case, you may be concerned about the cost of hiring an attorney. But, with a contingency fee agreement, much of the financial burden and uncertainty of seeking legal representation is lifted. To put it in the simplest terms possible, a contingency fee agreement means if the lawyer takes […]
