Salem Wrongful Death Lawyer
Providing Comfort When the Unthinkable Occurs
If this is the case for you, our attorneys at Elmer & Brunot, 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.
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:
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 attorneys 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!
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:
Funeral and burial expenses
Lost wages and benefits the deceased would have earned
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.
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 attorneys during a free consultation.
Get Started Today
At Elmer & Brunot, PC, we have been helping Oregonians file wrongful death suits since 2011. Our attorneys have 40 years of collective experience and a deep knowledge of the relevant laws and statutes in these types of cases. We also understand what you are going through during this difficult time and will always treat you with kindness and compassion.
When you choose our firm, Salem wrongful death attorneys Randy M. Elmer and Zachary Brunot will devote themselves to protecting your rights and interests. We will pursue justice and fairness every step of the way, and we will not collect a single fee unless we recover on your behalf.