A Family Guide to the Civil Justice System After the Death of a Loved One

Oregon Wrongful Death Report

Written by Oregon Wrongful Death Attorneys Joshua Shulman
and Sean DuBois

This guide is available FREE to family members of fatal accident victims.*

Nothing is worse than a loved one dying unnecessarily. When death comes in the natural order of things, of old age, it still causes feelings of loss and grief. But when a death was the result of someone else’s actions or negligence, then the loss can become clouded with a host of other issues, questions, and doubts.

If you are dealing with the loss of a loved one who has died through someone else’s fault, we wrote this report for you. We consider it our duty to inform you of your legal rights. We know that in the wake of this loss, emotions run deep. The last thing people want to do is call a lawyer, make an appointment, drive to the lawyer’s office, etc. But to bring an Oregon wrongful death claim against the responsible parties, you need to educate yourself about the process.

When a terrible accident has claimed the life of a loved one, between the grief that you are struggling with and the care that you have to provide to your family, it is undoubtedly a difficult time for you to even consider thinking about a wrongful death claim. However, if you wish to hold the responsible party accountable for their actions and obtain justice for your lost loved one, you have a limited time to do so. In Oregon, surviving family members typically only have three years after the date of the injury that caused the death in order to file wrongful death lawsuits, but in some cases the there can be time limits as short as one year, or even less.

What are Wrongful Death Lawsuits?
Wrongful death lawsuits typically arise when a loved one has become a victim of another person’s (or company’s) negligence or misconduct. These actions may involve a product malfunction, an auto accident, medical malpractice, a workplace accident, outright malice, or even unsafe conditions. In some cases, the responsible party may also be held responsible for their actions in a criminal court.

What Will a Wrongful Death Suit Achieve?
The one thing that a personal injury attorney can really do for you and your family is to help you achieve the kind of positive results that will not only hold the person responsible for the death of your loved one accountable, but that will also help your family during an extreme time of need. Wrongful death claims are important, especially considering what they are expected to achieve for surviving family members.

Wrongful death cases seek to accomplish several different things:

  • First, wrongful death claims are intended to properly compensate family members for any costs that they incur directly or indirectly, including medical costs as well as loss of future earnings.
  • Second, wrongful death claims seek to compensate surviving family members for things like emotional anguish, loss of companionship, and other non-monetary damages.
  • Finally, wrongful death claims seek to, at times, punish the responsible party for their actions, particularly if those actions are found to be especially malicious.

When you are in mourning for the loss of a loved one due to a wrongful death accident, the stress of filing a wrongful death claim may prove to be overwhelming. However, with the help of this report, we hope to mitigate some of the stress you may be feeling.

We hope that by putting this important information into a free report, we can pass the information on in a way that will allow you to read it in your own time, at your own pace, without having to make an appointment, drive to an office, or talk to anyone before you’re ready.

PLEASE Remember: While we understand that you are grieving, the law only allows a short amount of time to bring a wrongful death claim. If you miss the deadline, you could lose your right to bring a case at all – don’t let this happen to your family. Get this report and learn your legal rights.

* Every state has different laws regarding wrongful death claims. This report describes Oregon laws only. If a different state's laws apply, this guide will not describe that state's laws. It is important to determine what state's laws will apply before you educate yourself. We also do not give this report out for free to insurance adjusters or attorneys. If you’re an insurance adjuster or an attorney, please call us and we can discuss your request.

Table of Contents for the Oregon Wrongful Death Guide:

Chapter 1: What is a "Wrongful Death"?

  • Terms defined and process explained

Chapter 2: Who Can Bring a Wrongful Death Claim?

  • Getting a personal representative appointed for the estate
  • Duties of the personal representative

Chapter 3: What Should I Do First to Protect My Rights?

  • Investigating to ensure that the all evidence is preserved

Chapter 4: How Long Do I Have to File a Wrongful Death Claim?

  • Know the statutes of limitations to protect your rights

Chapter 5: What Losses Can I Receive Compensation For?

  • Lost future wages, funeral expenses and other losses you can be compensated for, under Oregon law

Chapter 6: What is the Value of My Wrongful Death Claim?

  • The factors that help lawyers, insurance adjusters, and juries determine a value for the claim

Chapter 7: Who are the Beneficiaries in a Wrongful Death Case?

  • Once a settlement is decided, how is the money distributed among family members?

Chapter 8: How Do I Hire a Wrongful Death Attorney?

  • Criteria for interviewing and choosing a lawyer that’s right for you

Oregon Wrongful Death Resources

FAQs About Oregon Wrongful Death Claims
Oregon Wrongful Death Statutes - ORS Chapter 30
Tips for Selecting a Portland Fatal Accident Attorney
Definition of a Wrongful Death Claim - Wikipedia
Working Through Grief After a Wrongful Death
Types of Damages in a Wrongful Death Suit

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Please note: If you want a real (paper) copy of these free materials, you can send us your address. Otherwise, we will send all items to you by email. Please add josh@shulmandubois.com to Contacts.

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COMPLIMENTARY GUIDE
Portland Oregon Wrongful Death Laws

The Oregon Wrongful Death Process

This timeline will give you a better idea of how your family's claim will progress, and what steps need to be taken at each stage of the process. Included with your order.

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