Few things are as painful as losing a loved one. But when the loss is sudden and because someone was negligent, the trauma can be even worse. However, if the case can be proven, you could have a wrongful death claim and receive compensation for your losses. Learn more about wrongful death claims in this article, and speak to our Portland wrongful death lawyer if you have questions.
The first thing to know is that you only can file a wrongful death claim in certain cases. You could have a wrongful death lawsuit if your loved one’s death was caused by someone’s wrongful act or negligence. Also, if the person had not passed away, they could have filed a personal injury lawsuit.
Suppose your wife fell asleep while driving and was thrown from the car in the wreck. Her own negligence caused her death. But if another vehicle pulled in front of her and she swerved into a tree and died, the other party’s negligence probably contributed to the death.
Car accidents are the most common reason there are wrongful death cases in Oregon. However some cases also involve medical malpractice, defective products, and slip and fall cases.
The next thing to remember when hiring a Portland wrongful death lawyer is there is a statute of limitations in effect in Oregon. This is why it is important to review your case with a lawyer as soon as possible. You have only three years to sue from the date of the death. Wrongful death lawsuits take time, and the other party’s insurance company will usually fight it, so your attorney needs a lot of time to prepare the case.
Also, remember that the wrongful death case has to be filed by the estate representative, and the case is filed for the benefit of the decedent’s beneficiaries, such as the parents, children, and spouse. Some of the compensation that may be available include for lost earnings, mental and emotional anguish, the decedent’s pain and suffering, burial costs, and loss of inheritance.
If a loved one was killed in a Portland accident recently, the last thing you may want to do is consider legal action. But how will you pay your mortgage, save for kids’ college costs, and pay your other bills? While a settlement won’t bring the person back, the money can be used to secure your family’s future. Talk to a Portland wrongful death lawyer promptly so you have the best chance to get a fair settlement.
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