Salem Wrongful Death Lawyer
Providing Comfort When the Unthinkable Occurs
Losing a loved one is a truly devastating experience. One of the only events that can make this experience worse is realizing their death was caused by another person’s negligence or intentional act.
If this is the case for you, our attorney at Elmer Law, PC would like to express our deepest condolences. We also want to inform you of your legal options moving forward. Unfortunately, a lawsuit cannot bring your loved one back, but it can help you cope with the financial impact of your loss and achieve a sense of justice and closure as you heal.
To learn more about filing a wrongful death claim, please contact our law firm online or call us at 503-563-7035 today.
What Is a Wrongful Death?
When an individual passes away, the occasion never feels “right.” Some deaths, however, are untimely and largely preventable. Oregon Revised Statutes §30.020 defines a wrongful death as one “caused by the wrongful act or omission of another.”
This definition is part of a larger set of laws, which define the steps for legal action after a wrongdoing or other tort. Technically, a wrongful death only exists within the course of a wrongful death action.
Who Can File a Wrongful Death Suit?
In most personal injury cases, the person who is injured files their own claim. When this is not possible, such as in a wrongful death case, the decedent’s personal representative can file on behalf of their surviving family members.
Most often, the personal representative of the deceased is a family member or another individual or institution appointed to manage their estate. If the deceased’s personal representative is unnamed, certain family members can file a claim, assuming they are entitled to compensation.
The following family members may be able to file a wrongful death claim in Oregon:
- Spouse
- Children
- Stepchildren
- Parents
- Stepparents
- Grandparents
To recover the appropriate damages, these individuals must show the pecuniary, or financially measurable, losses they have suffered as a result of their loved one’s death, as well as the loss of society, companionship, and services of the decedent.
Our attorney can demonstrate your losses in settlement negotiations and/or the courtroom to help ensure you receive full, fair compensation. We will not collect any fees unless you win. Contact us at (503) 563-7035 today!
Serving Salem, OR Since 0
What Damages Can I Recover in a Wrongful Death Claim?
Wrongful death claims are filed in order for the family of a loved one who was the victim of wrongful death to recover. These damages can bring peace of mind, knowing your expenses are covered and the negligent party was brought to justice. According to Oregon law common types of damages that can be recovered include:
- Medical expenses
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned
Why Choose Elmer Law, PC?
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Over 40 Years of Legal Experience
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Free Case Consultations Available
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Client-Focused, Results-Oriented Advocacy
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Representing Clients in State, Federal & Appellate Court
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You Don't Pay Any Legal Fees Unless We Recover
What Is a Survival Action?
If you file a wrongful death claim in Oregon, you may also receive damages for expenses your family incurred as a result of your loved one’s death. These include any medical, burial, and memorial services you were charged for as a result of your loved one’s injury and death.
Additionally, the state does not require you to file a separate “survival action,” which is meant to “justly, fairly, and reasonably” compensate the decedent for disability, pain, suffering, and loss of income during the period between injury to the decedent and the decedent’s death.”
Essentially, a survival action accounts for any damages the deceased would have been entitled to had they survived. This compensation is awarded to the decedent’s estate during a successful wrongful death lawsuit, which typically benefits their surviving family members.
To find out what damages you may be entitled to, contact our Salem wrongful death lawyer at (503) 563-7035 today.
How Long Do I Have to File?
You must file your wrongful death lawsuits within 3 years of the date your loved one passed away. Some situations, such as those involving product liability, may offer extended statutes of limitations.
As such, you should speak to an attorney about your specific circumstances as soon as possible. Any claims filed after the periods they are bound to may result in your claim being dismissed.
Discuss your case with our experienced Salem wrongful death attorney during a free consultation.