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… read more
Category: Wrongful Death
What exactly is a “wrongful death”?
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:… read more
Who Should I Talk to After The Wrongful Death of a Loved One
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… read more
Questions to ask When Hiring a Wrongful Death Attorney
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,… read more
How Do Wrongful Death Attorneys Get Paid?
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… read more
10 Guidelines for Finding a Good Wrongful Death Attorney
Ask around. Getting a referral from someone you trust can be an excellent place to start when you’re looking for a lawyer. But remember that the lawyer who did a divorce or reviewed a real estate deal for a friend probably doesn’t have experience with wrongful death cases. You don’t want to be someone’s first wrongful… read more
Top 5 FAQ’s for a Wrongful Death Lawsuit
Q: Can a domestic partner act as a “spouse” under the Wrongful Death law so as to bring a lawsuit or be a beneficiary? A: Probably not. ORS 112.017 used to allow a “common-law spouse” to bring a wrongful death lawsuit. That law might have been applied to allow a domestic partner to bring a… read more
Here are some highlights of what you can expect a lawyer to do in a wrongful death case. This is only a selection; there is much more, but since every case is different, we have singled out some of the more common tasks so you can get a flavor. Preserve all evidence: take photos of… read more
How Does Life Insurance Relate to a Wrongful Death Case?
If your loved one had life insurance, that policy should pay separately from any wrongful death claim. People usually name specific beneficiaries in their life insurance policies. If the life insurance policy does name specific beneficiaries, then the life insurance company should pay those claims. Some people also have Accidental Death clauses added to their… read more
Liability Insurance and Policy Limits
Every driver in Oregon is required to have liability insurance. Liability insurance is meant to protect you if you are legally responsible for an automobile accident. It is also a possible source of compensation in a wrongful death case resulting from a car crash because the deceased person’s family can bring a claim against the… read more