Salem Wrongful Death Lawyer
Compassionate Legal Support During Difficult Times in Northwest OR
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 attorneys 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.
Understanding Wrongful Death in Oregon
When someone passes away, the moment is always difficult. Some deaths, however, are untimely and preventable. Oregon Revised Statutes §30.020 defines a wrongful death as one “caused by the wrongful act or omission of another.”
Our attorneys stay current on Oregon's wrongful death statutes so families receive up-to-date guidance about their options. The legal standards for wrongful death actions evolve, and we pay close attention to changes in the law—especially those that affect Salem and Marion County. Over the years, we have helped families in the area navigate Oregon's requirements and legal procedures, ensuring they have a clear understanding of their rights when working with a Salem wrongful death attorney.
This definition is part of a larger set of laws that outline the steps for legal action after a wrongful act or other tort. Technically, a wrongful death only exists within the context of a wrongful death action.
Eligibility to File a Wrongful Death Claim in Salem
In most personal injury cases, the injured person files their own claim. In wrongful death cases, the decedent’s personal representative files on behalf of the surviving family members.
In Salem and nearby areas, the personal representative typically files claims with the Marion County Circuit Court. This local process ensures cases progress according to Oregon law and the requirements of the county courts. Our team explains how these local steps may affect your timeline and what to expect during court proceedings in Salem.
Most often, the personal representative of the deceased is a family member or an individual or institution appointed to manage their estate. If the personal representative is unnamed, certain family members can file a claim, provided 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 damages, these individuals must demonstrate the financially measurable losses caused by their loved one’s death, as well as loss of companionship, care, and the decedent’s services.
Serving Salem, OR Since 2000
What Damages Can I Recover in a Wrongful Death Claim?
Wrongful death claims help families recover compensation after the loss of a loved one caused by negligence or a wrongful act. These damages can bring peace of mind, knowing expenses are covered and the responsible party is held accountable. According to Oregon law, damages that may be recovered in a wrongful death claim include the following:
- Medical expenses
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned
In Oregon, courts also consider other factors when awarding damages, such as the emotional pain suffered by surviving family members. Marion County juries review evidence of not just economic losses but also the loss of care, companionship, and guidance. If you live in Salem or the surrounding communities, local rules and customs may influence how damages are calculated, especially concerning family relationships and community support. You can discuss these specific details during a consultation for a clearer picture of what may apply in your case.
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 recover damages for expenses your family incurred because of your loved one’s death. These include any medical, burial, and memorial costs paid due to your loved one’s injury and passing.
Oregon's survival action laws let families seek compensation for suffering and lost income their loved one experienced before passing. The court treats these losses separately from the damages awarded to surviving family members. In Salem and throughout the state, our team helps families identify which damages apply to the estate and which belong to survivors. Understanding this distinction can make a difference in how your claim proceeds in local courts.
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. The decedent’s estate receives this compensation if the wrongful death lawsuit succeeds, and surviving family members typically benefit from the award.
How an Oregon wrongful death claim moves forward
A wrongful death claim in Oregon is a civil action seeking accountability and compensation for losses caused by another party’s negligence or wrongful act. In a typical Salem case, our team begins by investigating the facts, gathering medical and accident records, interviewing witnesses, and consulting qualified specialists as needed. From there, we prepare a demand supported by evidence and negotiate with insurers. If a fair resolution is not offered, we file a wrongful death lawsuit in Marion County or the appropriate venue and litigate to pursue the full value of the claim.
Elements we work to prove
- Duty of care and how it applies in your situation
- A breach of that duty through negligent or wrongful conduct
- Causation linking that breach to your loved one’s passing
- Damages, including financial and human losses, your family has suffered
Recoverable losses in a wrongful death lawsuit
Every case is different, but recoverable compensation in an Oregon wrongful death claim may include medical expenses related to the fatal injury, funeral and burial costs, and the income and benefits the decedent would have provided. Families may also seek compensation for loss of companionship, guidance, and services. In limited circumstances, additional damages may be available when conduct is especially egregious. Our Salem wrongful death lawyers tailor a strategy to the facts and the law to pursue the maximum recovery available.