Punitive Damages for a Wrongful Death Case

Punitive Damages for a Wrongful Death Case

Punitive damages may be recovered in some wrongful death cases. Punitive damages are widely misunderstood, largely due to the McDonalds coffee case. Many people are under the false impression that punitive damages are a road to riches. Punitive damages are difficult to prove. You are not allowed to even ask for them until after you […]

What are the Limits on Non-economic Damages?

What are the Limits on Non-economic Damages?

In personal injury cases, there are two basic forms of “damages” a client may recover: economic and non-economic damages. Some lawyers will refer to them as “general” and “special” damages, but the correct terms are economic and non-economic damages. Most wrongful death damages are determined by law using the criteria defined earlier (see the ORS 30.020 damages described […]

What Happens if Alcohol is Involved in a Wrongful Death?

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 […]

What is the Time Limit for a Tort Claim Notice?

What is the Time Limit for a Tort Claim Notice?

It is not always clear what a “public body” is. If a person works for a city, county, or the state, then it’s pretty obvious. But did you know that OHSU (Oregon Heath Science University) can be considered a “public body” for the purpose of this rule? “Public body” is defined in ORS 30.260, and […]

How Long do you Have to File a Wrongful Death Lawsuit?

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 […]

Wrongful Death: Securing Evidence in a Timely Manner

Wrongful Death: Securing Evidence in a Timely Manner

Immediately after the death of a loved one, you are likely in no condition to be talking with lawyers, thinking about legalities, or, certainly, securing evidence. But we can promise you, the insurance company and lawyers for the person or company responsible for the death will not hesitate. They will rush out and gather whatever […]

Reaching a Settlement in a Wrongful Death Lawsuit

Reaching a Settlement in a Wrongful Death Lawsuit

Once a settlement offer has been made, it is your lawyer’s job to advise you as to whether the offer is reasonable given the risks of a trial. But it is the personal representative’s job – not the lawyer’s – to make the final decision as to whether to accept a settlement offer. A judge […]

A Wrongful Death Lawsuit is a Commitment – Are You Ready?

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 […]