Fewer Cases Better Results
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,… read more
You should be aware that insurance companies have been engaging in a well-financed advertising campaign for over 30 years to try to convince the general public that injury lawsuits and wrongful death lawsuits are simply about greedy people trying to “cash in” on a tragedy. They do this because it saves them millions of dollars…. read more
Why Pursue A Wrongful Death Claim?
Before discussing wrongful death laws, let us focus for a minute on the propriety of bringing a wrongful death lawsuit in the first place. There are some who think it’s wrong to accept money because someone died. We understand that accepting money due to the death of a loved one can seem wrong. But when… read more
Is Murder the Same As A Wrongful Death? – Part 2
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,… read more
Who receives the award? Must it be shared by the entire family?
Like most things in law, this is not always clear-cut. The law simply states that proceeds shall be distributed “in accordance with each beneficiary’s loss.” In many cases, the beneficiaries can all agree to a distribution. If this is not possible, a judge will determine how to split up the proceeds among the beneficiaries. We… read more
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:… read more
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… read more
Understanding Insurance Policy Limits
Every insurance policy has limits. This is the maximum amount that the insurance company will have to pay. Automobile insurance limits are typically quoted as two numbers with a slash between them. For example, as of this writing, ORS 806.070 requires that an automobile policy issued in Oregon must have liability limits of at least… read more
What Happens if Alcohol is Involved in a Wrongful Death?
If alcohol was involved in a death, and if the server of the alcohol was partly responsible for the death because they served an already visibly intoxicated person, or served a minor, or failed to perform their server duties correctly in other ways (which are defined by the Oregon Liquor Control Commission), you may be… read more
How Long do you Have to File a Wrongful Death Lawsuit?
In addition to the practical time limit of trying to gather information while it’s fresh, there are also legal time limits. These legal time limits are called “statutes of limitations” and you will hear this term a lot. First, another statement of our disclaimer: statutes of limitations are notoriously difficult. There are many, many special… read more