Tag: oregon wrongful death
The Discovery Process of a Wrongful Death Lawsuit
Long before a trial is ever held, both sides have the right to “discovery.” In Oregon state court, this centers on depositions and requests for discovery. Let’s take them one at a time. Depositions are like recorded, official interviews. In a deposition, the lawyer can ask questions of opposing parties and witnesses, and they have… read more
A Wrongful Death Lawsuit is a Commitment – Are You Ready?
You may be surprised to hear this from a lawyer who focuses on personal injury and wrongful death claims, but a wrongful death claim is NOT for everyone. It will require a commitment of both time and energy – probably yours – to bring a wrongful death lawsuit. We write “probably yours,” because it is the… read more
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,… read more
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… read more
Should I Hire A Wrongful Death Attorney for my Case in Oregon?
Wrongful death in Oregon is defined as a death “caused by the wrongful act or omission of another”. A typical wrongful death case is caused by a negligent, reckless or intentional act. These actions would be the same as one to support a personal injury claim if the deceased person had lived. The main difference… read more