Tag: Wrongful Death
This is a Commitment – Are You Ready?
You may be surprised to read this in a post written by lawyers who focus 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… read more
Role of the Personal Representative
Even if you are not considering hiring a professional, thought still must be put into who should be the PR. For example, if a woman dies leaving behind a husband and two children, ages 19 and 21, which of the three would make the best PR? One of the children may get more sympathy from… read more
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
The Myth of “Cashing In”
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
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… 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