Tag: Wrongful Death
Liability Insurance and Policy Limits
Every driver in Oregon is required to have liability insurance. Liability insurance is meant to protect you if you are legally responsible for an automobile accident. It is also a possible source of compensation in a wrongful death case resulting from a car crash because the deceased person’s family can bring a claim against the… read more
Federal or State Court?
“Venue” means where a lawsuit is filed. The options are Federal Court or State Court, and then within the State Court system, a particular county must be chosen. This is a complicated decision that depends upon the specific details of your case, but here’s an overview of why “where” is very important. In general, State… read more
Possible Beneficiaries in a Wrongful Death Case
The law applicable to wrongful death is more technical. There is just more to understand. But for another thing, it is very difficult to settle a wrongful death case yourself, unless you are willing to accept far less than full value. Most insurance companies would be happy to settle with you before a lawyer gets… read more
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… read more
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… read more
Wrongful Death Damages – Economic, Non-economic, and Punitive
You will hear a lot of people talking about “damages” during a wrongful death case. “Damages” can refer to the amount of money you have lost and the suffering you have undergone as a result of the loss of your loved one, but “damages” also refers to the amount of money a jury decides is… 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
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… read more
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… read more
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… read more