{"id":19637,"date":"2016-05-02T02:21:55","date_gmt":"2016-05-02T09:21:55","guid":{"rendered":"https:\/\/pdxinjurylaw.com\/?p=19637"},"modified":"2022-06-17T21:03:52","modified_gmt":"2022-06-17T21:03:52","slug":"determining-the-value-of-a-wrongful-death-case","status":"publish","type":"post","link":"https:\/\/pdxinjurylaw.com\/es\/determining-the-value-of-a-wrongful-death-case\/","title":{"rendered":"Determinar el valor de un caso de homicidio culposo"},"content":{"rendered":"

\"Portland<\/a>What is a life worth? What is the value, in dollars, of the loss of a father, a wife, a grandparent, or a child?<\/p>\n

There is of course no answer to this question. The value of a life is not measured in dollars. But even though this is true \u2013 and obviously true at that \u2013 the law cannot accept this answer. Why? Because if we accept that the legal<\/em> value of a life is not measurable in dollars, then the practical<\/em> outcome becomes that the dollar value of the loss of that life is valued at $0.00. And even though a life should not be measured in dollars, we do know one thing for sure: it\u2019s not worth zero.<\/p>\n

So what do we do? How can we put a dollar value on a lost life? If we accept that valuing a life in dollars, and then forcing that amount to be paid, is some justice (not full justice, of course, but some justice, and a whole lot better than zero justice), if we accept that, we still have to figure out what that dollar figure is.<\/p>\n

ORS 30.020 is actually pretty vague about how to calculate these figures, but here\u2019s the exact wording for you:<\/p>\n

ORS 30.020(2):<\/p>\n

\u201cIn an action under this section damages may be awarded in an amount which:<\/p>\n

(a) Includes reasonable charges necessarily incurred for doctors services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent;<\/p>\n

(b) Would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedents death;<\/p>\n

(c) Justly, fairly and reasonably compensates for pecuniary loss to the decedents estate;<\/p>\n

(d) Justly, fairly and reasonably compensates the decedents spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and<\/p>\n

(e) Separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.\u201d<\/p>\n

We know that the calculations we use to figure out the value will have to be flexible, because a lot of things can be included in an award that \u201cjustly, fairly, and reasonably\u201d compensates family members for their loss. There is not going to be a mathematical formula, but there are several criteria that can help us begin to form the basis for an evaluation.<\/p>\n

We begin by asking what kind of a person the decedent was:<\/p>\n