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Overview of Wrongful Death Claims<\/strong><\/p>\n Wrongful death claims are complicated, but we are here\u00a0to 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 wrongful death case. The most basic thing to understand is that a wrongful death claim is a civil lawsuit – as opposed to a murder case, which is a criminal lawsuit.<\/p>\n 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 but no criminal case. Still others may result in both. Keep reading for further details about the difference between civil and criminal cases.<\/p>\n What exactly is a \u201cwrongful death?\u201d<\/strong><\/p>\n 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. <\/strong><\/p>\n Common Circumstances of Wrongful Death Include: <\/strong><\/p>\n In a wrongful death civil lawsuit, the family left behind will receive money for their emotional, psychological and financial losses. Money will never fully compensate the family, but because the law cannot undue the bad act that caused the death, making the bad actor pay the family money is all that can be done. The Oregon law that allows family members to make a wrongful death claim against the negligent people or companies that caused the death is Oregon Revised Statutes (abbreviated \u201cORS\u201d) 30.010-30.100. By forcing the bad actor to pay for what they did, the law hopes to discourage that bad behavior in the future.<\/p>\n Who can bring a wrongful death claim?<\/strong><\/p>\n Generally speaking, it\u2019s the spouse, parent, or child of the victim who can bring a wrongful death claim in Oregon. Just a single person brings the suit on behalf of all the beneficiaries (a \u201cbeneficiary\u201d is a person who is legally entitled to receive money from a wrongful death claim. More in chapter 10). This person who brings the claim is known as the \u201cPersonal Representative.\u201d The Personal Representative is usually chosen by the family, and is often a family member. But even though only one person technically brings the lawsuit, all of the family members usually share in any money that the wrongdoer ends up paying.<\/p>\n \u00bfC\u00f3mo se determinan los da\u00f1os?<\/strong><\/p>\n This is perhaps the most complicated issue in Oregon wrongful death laws because so many factors have to be taken into consideration, including:<\/p>\n\n
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