Meeting with and Choosing Your Attorney

Meeting with and Choosing Your Attorney

Choosing a lawyer is of course a crucial step in the process. You should interview several lawyers, and you should ask them hard questions. Take notes, and feel free to bring a trusted friend or relative with you. But do be aware that the presence of a friend may negate the confidentiality of the meeting, […]

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 a personal representative is chosen for an estate

How a personal representative is chosen for an estate

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 […]

Estate and Personal Representative in Wrongful Death

Estate and Personal Representative in Wrongful Death

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, […]

Is Murder the Same As A Wrongful Death?

Is Murder the Same As A Wrongful Death?

As mentioned in previous blog posts, 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, […]

How are damages determined?

How are damages determined?

How are damages determined? This is perhaps is the most complicated issue in Oregon wrongful death laws because so many factors have to be taken into consideration, including: Medical bills and burial expenses. The loss of wages the person would have earned had they lived. This is usually determined by an expert economist who will […]

What exactly is a “wrongful death”?

What exactly is a “wrongful death”?

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. Common Circumstances of Wrongful Death Include: […]

Who Should I Talk to After The Wrongful Death of a Loved One

Who Should I Talk to After The Wrongful Death of a Loved One

After the death of a loved one, many people say that they can’t find anyone who will talk about the death directly. Maybe it’s because people are scared, or maybe they think they are protecting your feelings, but whatever the reason, it can be difficult to find someone who will speak clearly and directly about […]