Hiring a Lawyer or Other Professional to Serve as Personal Representative

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, […]

How the Personal Representative is Chosen in Wrongful Death Lawsuit

How the Personal Representative is Chosen in Wrongful Death Lawsuit

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 […]

Wrongful Death Claim: What does Estate mean?

Wrongful Death Claim: What does Estate mean?

When a person dies, and leaves behind anything that is worth money, the law creates an “estate.” If John Doe dies, then it will be called “The Estate of John Doe.” For example, you may sometimes see “Estate Sales,” where the possessions of someone who has passed away are being sold. What has happened, legally, […]

The Myth of “Cashing In”

The Myth of “Cashing In”

You should be aware that insurance companies have been engaging in a well-financed advertising campaign for over 30 years to try to convince the general public that injury lawsuits and wrongful death lawsuits are simply about greedy people trying to “cash in” on a tragedy. They do this because it saves them millions of dollars. […]

Why Pursue A Wrongful Death Claim

Why Pursue A Wrongful Death Claim

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 […]

Is Murder the Same As A Wrongful Death?

Is Murder the Same As A Wrongful Death?

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, murder definitely constitutes a wrongful death. If […]

An Overview of Wrongful Death Claims

An Overview of Wrongful Death Claims

Overview of Wrongful Death Claims Wrongful death claims are complicated, but we are here to help you learn enough about the process to decide whether pursuing a case is in the best interests of you and your family, and if so, to help you understand the steps. Because it is complicated, many questions arise in a […]

Oregon Wrongful Death Claims: What you need to know

Oregon Wrongful Death Claims: What you need to know

In Oregon, wrongful death is defined as “death caused by the wrongful act or omission of another”, and are typically caused by a negligent, reckless or intentional act. Wrongful death includes the same sort of actions that would support a personal injury claim if the deceased person had lived. The main difference between a wrongful […]