Category: Wrongful Death

Federal or State Court?


“Venue” means where a lawsuit is filed. The options are Federal Court or State Court, and then within the State Court system, a particular county must be chosen. This is a complicated decision that depends upon the specific details of your case, but here’s an overview of why “where” is very important. In general, State… read more

Beneficiaries in a Wrongful Death Case


A wrongful death claim is brought by a personal representative for the benefit of certain “beneficiaries.” Exactly who qualifies as a “beneficiary” is defined by the law. Note that the person who can “bring the lawsuit” is not the same as the people who can “benefit from the lawsuit.” The “beneficiaries” are the people who… read more

Possible Beneficiaries in a Wrongful Death Case


The law applicable to wrongful death is more technical. There is just more to understand. But for another thing, it is very difficult to settle a wrongful death case yourself, unless you are willing to accept far less than full value. Most insurance companies would be happy to settle with you before a lawyer gets… read more

Punitive Damages for a Wrongful Death Case


Punitive damages may be recovered in some wrongful death cases. Punitive damages are widely misunderstood, largely due to the McDonalds coffee case. Many people are under the false impression that punitive damages are a road to riches. Punitive damages are difficult to prove. You are not allowed to even ask for them until after you… read more

What are the Limits on Non-economic Damages?


In personal injury cases, there are two basic forms of “damages” a client may recover: economic and non-economic damages. Some lawyers will refer to them as “general” and “special” damages, but the correct terms are economic and non-economic damages. Most wrongful death damages are determined by law using the criteria defined earlier (see the ORS 30.020 damages described… read more

What Happens if Alcohol is Involved in a Wrongful Death?


If alcohol was involved in a death, and if the server of the alcohol was partly responsible for the death because they served an already visibly intoxicated person, or served a minor, or failed to perform their server duties correctly in other ways (which are defined by the Oregon Liquor Control Commission), you may be… read more

What is the Time Limit for a Tort Claim Notice?


It is not always clear what a “public body” is. If a person works for a city, county, or the state, then it’s pretty obvious. But did you know that OHSU (Oregon Heath Science University) can be considered a “public body” for the purpose of this rule? “Public body” is defined in ORS 30.260, and… read more

When Government or Alcohol is Involved: Tort Claims


If the death was caused by a public entity, or someone working for a public entity, then a “Tort Claim Notice” has to be received by the proper person or department within one year of the incident that caused the death (If it’s an injury that does not cause death, the time limit is only… read more