Portland injury attorney

Hillsboro Abogado de Muerte Injusta

Losing a family member to someone else’s negligence is a different kind of loss, and the legal process that follows is unlike an ordinary injury claim. Oregon’s wrongful death statute decides who can bring the case, who benefits from it, what can be recovered, and how long the family has to act. The wrongful death lawyers at DuBois Law Group – PDX Injury Law guide Hillsboro and Washington County families through that process with the care it requires, and handle every part of the claim so the family can focus on each other.

Why Choose A Hillsboro Wrongful Death Lawyer From DuBois Law Group – PDX Injury Law?

Our firm has represented families in wrongful death claims across the Portland metro area since 2008, arising from car, truck, and motorcycle crashes, pedestrian and bicycle collisions, drunk driving, unsafe property, workplace incidents, and medical negligence. Wrongful death and probate matters for Hillsboro families are handled at the Washington County courthouse in downtown Hillsboro, where we appear regularly. We take a limited number of cases so an attorney is personally available to the family, we advance all costs including the economists and experts these cases require, and we charge nothing unless we recover compensation. We meet families at home when that is easier.

What Is a Wrongful Death Claim Under Oregon Law?

Under ORS 30.020, a wrongful death claim exists when a person dies because of another party’s wrongful act or omission that would have supported an injury claim had the person survived. In Hillsboro, fatal crashes on Highway 26, Cornelius Pass Road, and TV Highway are the most common source, followed by pedestrian fatalities on TV Highway, motorcycle deaths on the rural roads toward the coast, construction and industrial deaths, and deaths from medical negligence and unsafe property. Our Portland wrongful death lawyer page covers the statute in full detail, and our article on what a wrongful death lawsuit is answers the first questions families ask.

Who Can File and Who Benefits

Oregon is strict about who brings the claim. Only the personal representative of the deceased person’s estate can file a wrongful death action. The personal representative is usually named in the will; when there is no will or no one was named, the Washington County Circuit Court probate department in Hillsboro appoints one, typically a spouse or adult child. The claim is brought for the benefit of the surviving spouse, children, parents, and other dependents, and any recovery is distributed among them. Our attorneys handle the probate filing needed to appoint a personal representative alongside the wrongful death claim itself.

Damages in an Oregon Wrongful Death Case

Oregon allows recovery of funeral and burial expenses, the medical expenses of the final injury, the income and benefits the deceased would have earned over a working life, the pain and suffering the deceased experienced before death, and the family’s loss of the deceased person’s society, companionship, and services. Punitive damages may be available when the death was caused by reckless conduct such as drunk driving. Oregon caps noneconomic damages in wrongful death cases at $500,000 under ORS 31.710, a cap the courts have continued to apply to wrongful death even after striking it for injury cases, while economic damages such as lost lifetime income are uncapped and often form the largest part of the recovery, particularly for the high-earning technical workforce in Hillsboro. Our articles on what damages are available in a wrongful death case and how wrongful death settlements are valued explain the calculation.

Wrongful Death and Survival Actions

Oregon recognizes two related claims after a death. The wrongful death claim compensates the family for its own losses. A survival action is the claim the deceased person could have brought had they lived, covering their medical expenses and pre-death pain and suffering, and it is pursued by the estate. In most fatal accident cases both are brought together. When alcohol was involved, the family may also have a dram shop claim against the bar that overserved the driver, with a one-year notice deadline; see our accidente por conducir ebrio page and our article on what happens if alcohol is involved in a wrongful death. When a workplace death is involved, workers’ compensation death benefits do not bar a wrongful death claim against a negligent third party such as a subcontractor or equipment manufacturer. When the death followed a catastrophic injury, the work already done on the injury claim carries into the wrongful death case; see our Hillsboro catastrophic injury página.

How Long Do You Have to File a Wrongful Death Lawsuit in Oregon?

Oregon’s wrongful death statute of limitations, ORS 30.020, gives the personal representative three years from the date of the injury that caused the death to file, and that deadline remains in effect as of 2026. Shorter deadlines apply when a TriMet vehicle or a City of Hillsboro, Washington County, or state vehicle was involved, requiring a tort claim notice within one year of the death, and when a bar or restaurant may share liability under the dram shop statute. Wrongful death lawsuits arising in Hillsboro are filed in Washington County Circuit Court in downtown Hillsboro. Our FAQ on Demandas por homicidio culposo en Oregón covers the exceptions, and our Hillsboro abogado de lesiones personales page covers claims for family members who were injured but survived. For crashes involving a commercial truck, see our Hillsboro truck accident página.

Contact A Hillsboro Wrongful Death Attorney From DuBois Law Group – PDX Injury Law

If your family has lost someone in Hillsboro, Cornelius, Forest Grove, or anywhere in Washington County because of another party’s negligence, DuBois Law Group – PDX Injury Law offers a free, unhurried consultation and charges no fee unless we recover compensation. Póngase en contacto con nosotros online or call (503) 222-4411.

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