When a loved one dies because someone else was negligent or reckless, you may have a wrongful death claim against the at-fault party. This can happen under a wide range of circumstances, including car accidents, slips and falls, medical malpractice, and even criminal assault. Regardless of the cause, certain family members have standing under Oregon law to claim damages arising from the person’s death.
At Harris Velázquez Gibbens, PC, we understand what you’re going through: the emotional pain, financial hardships, and uncertainty about the future. This is why our compassionate wrongful death lawyers are here to help you pursue maximum compensation for your losses as well as your family’s future.
Why Choose Harris Velázquez Gibbens for Your Wrongful Death Claim?
Losing a loved one because of someone else’s negligence can turn your life upside down. The paperwork, deadlines, and legal requirements can also feel impossible to handle when you’re already grieving. That’s why families in Oregon turn to Harris Velázquez Gibbens: a law firm committed to helping you seek accountability and secure the financial recovery your family needs.
- Decades of Experience with Wrongful Death Law: Wrongful death claims require seasoned attorneys who know how to approach these sensitive cases. For years, we’ve worked with families to uncover key evidence, hold liable parties accountable, and secure settlements or verdicts that provide real financial relief.
- Expert Resources: Many wrongful death cases require a detailed investigation to uncover what happened and who is responsible. We employ a network of medical professionals, accident reconstruction specialists, and other experts who can uncover the details we need to pursue your claim.
- Legal Representation Tailored to You: Every family faces their own difficulties after a loss. Our personal injury lawyers listen to you, understand your needs, and tailor our legal strategies accordingly. You matter to us, so you’ll be informed and supported until your case concludes.
- Proven Success in Wrongful Death Cases: Families trust us because we deliver. Whether negotiating with insurance adjusters or presenting a case in court, we focus on securing results that allow you to rebuild after a devastating loss.
Choosing Harris Velázquez Gibbens means working with a team that understands the stakes and cares about your well-being. Let us handle the complicated legal steps while you honor your loved one’s memory.
What Is Wrongful Death?
A wrongful death occurs when someone suffers fatal injuries and dies due to another party’s intentional or negligent actions. These claims aim to provide surviving family members with financial compensation for the losses they’ve endured.
Common scenarios in wrongful death cases include:
- Motor Vehicle Accidents: Car accidents, truck collisions, motorcycle accidents, and even pedestrian accidents often result in fatalities when reckless driving, speeding, driving under the influence, or distracted driving are involved.
- Medical Negligence: Medical negligence can lead to the loss of life due to misdiagnosis, surgical errors, or a failure to provide timely care.
- Workplace Accidents: Unsafe environments frequently lead to fatal accidents, particularly in industrial or construction settings where safety protocols are not followed.
- Product Liability: Defective products like faulty machinery, unsafe medications, or other consumer goods that fail to meet safety standards can cause wrongful death.
Wrongful death actions differ from personal injury claims because they focus on the impact of the deceased person’s passing on surviving family members rather than the harm suffered by the individual.
Who Can File a Wrongful Death Claim in Oregon?
Not everyone impacted by a loss can file a wrongful death lawsuit. The Oregon wrongful death statute specifies who is eligible to pursue these claims:
- Spouses and Domestic Partners
- Children (includes both biological and adopted children)
- Parents
- Personal Representative
It’s important to note that only one wrongful death lawsuit may be filed, even if multiple family members are affected.
Types of Damages Recoverable
A wrongful death claim provides financial relief for the hardships caused by a loved one’s untimely passing. In Oregon, damages fall into three categories. Each type addresses specific losses, so that grieving families receive the resources they need to move forward.
Economic Damages
Economic damages cover tangible pecuniary losses that directly affect your family’s financial stability. These wrongful death damages are easier to quantify because they’re based on verifiable costs and projections.
Economic damages include:
- Medical Expenses: Any treatments or care provided before your loved one’s passing are recoverable. This can include emergency services, hospital stays, surgeries, and medications.
- Funeral Costs: Funeral expenses, from burial costs to memorial services, can add up quickly. These costs are recoverable under Oregon law.
- Loss of Income and Future Earnings: Your loved one’s lost wages and their anticipated future income are significant components of economic damages. This may include lost benefits, such as retirement contributions, healthcare, or bonuses.
These financial losses require thorough documentation, including receipts, pay stubs, and expert projections. A skilled attorney ensures every financial detail is properly accounted for, giving your claim a strong foundation.
Non-Economic Damages
Non-economic damages address the personal and emotional losses that families endure. These are harder to measure but are equally important in wrongful death claims.
Non-economic damages include:
- Emotional Grief and Suffering: Losing a loved one leaves deep emotional wounds. This category accounts for the mental anguish and sorrow experienced by surviving family members.
- Loss of Companionship: Whether it’s a spouse, parent, or child, the absence of your loved one’s support, care, and presence is irreplaceable. The law recognizes the value of these relationships and compensates you for the loss of guidance and companionship.
- Household Contributions: If your loved one handled critical responsibilities like childcare, household management, or caregiving, their absence has a lasting effect on the family’s daily life. These contributions are factored into non-economic damages.
While there’s no simple way to assign a monetary value to these losses, they’re essential in reflecting the full extent of what your family has endured. Courts often rely on testimony and expert opinions to determine an appropriate amount.
Punitive Damages
Punitive damages are reserved for cases where the responsible party acted with extreme negligence or intentional misconduct. Examples of cases where these damages may apply include:
- Drunk driving accidents that result in fatalities.
- Companies knowingly selling defective products despite safety risks.
- Acts of violence or other intentional harm leading to death.
While punitive damages are awarded less frequently, they can provide additional compensation in cases involving egregious behavior.
How Are Wrongful Damages Calculated?
Each wrongful death case is different, so there is no universal formula for calculating fair compensation. Instead, several factors are taken into account, such as:
- Age and Career of the Deceased: A younger person with a longer life expectancy and years of earning potential may result in higher economic damages compared to an elderly person or someone nearing retirement.
- Family Dependence: This is the extent to which the deceased person provides financial, emotional, or practical support for their family members.
- Circumstances of the Incident: Cases involving extreme recklessness or intentional harm may warrant higher damages, particularly if punitive awards are considered.
An experienced attorney evaluates every detail of your family’s situation to ensure the compensation reflects the true extent of your loss. This includes working with financial experts, economists, and other professionals to provide accurate estimates.
Statute of Limitations in Oregon
Oregon law enforces a strict time limit for filing wrongful death claims. Generally speaking, families have three years from the date of the underlying incident to initiate legal action. If this deadline is missed, the claim is likely to be dismissed. However, certain circumstances can affect this timeline. For instance:
- Claims involving government entities may have shorter deadlines, sometimes as brief as 180 days.
- In cases where the cause of death wasn’t immediately apparent, the timeline may start from the date the cause was discovered.
It’s important to act as soon as possible to preserve evidence, meet filing deadlines, and avoid jeopardizing your claim.
How Much Does a Wrongful Death Lawyer Cost?
If you’ve lost a loved one due to someone else’s negligence, hiring a lawyer might feel like another financial burden you can’t afford. Fortunately, most wrongful death attorneys work on a contingency fee basis. This means you don’t pay anything upfront, and your attorney only gets paid if they recover compensation for you.
Here’s how it works:
- Your lawyer’s fee is a percentage of the wrongful death settlement or court award. This percentage is agreed upon before your case begins, so there are no surprises.
- If your personal injury attorney doesn’t secure compensation, you don’t owe them any attorney fees.
This approach ensures that your lawyer is motivated to achieve the best possible outcome for your case. It also allows families to pursue justice without worrying about out-of-pocket expenses during an already difficult time.
Common Challenges in Wrongful Death Cases
Wrongful death cases often involve obstacles that can make securing compensation more difficult. Without the right strategy, families may struggle to achieve the resolution they deserve. Here’s a detailed look at the most common challenges and how our team at Harris Velázquez Gibbens addresses them.
Proving Liability
Establishing who is at fault is one of the most important aspects of a wrongful death case. To prove liability, we:
- Gather Key Evidence: This includes medical records, police reports, witness statements, and photographic evidence from the scene of the incident.
- Work with Specialists: Expert witnesses, such as accident reconstructionists, medical professionals, and forensic analysts, can provide invaluable insights. Their testimony often plays a decisive role in proving negligence or misconduct.
- Build a Clear Narrative: You need to be able to demonstrate how the negligent party’s actions directly caused your loved one’s death. Our team puts together a compelling argument that leaves no room for doubt.
Dealing with Insurance Companies
Insurance companies are not on your side; they’re focused on protecting their bottom line. Adjusters may use tactics to reduce or deny claims, such as disputing liability, undervaluing damages, or pressuring families into accepting lowball settlements.
Here’s how we handle these challenges for you:
- Negotiating Aggressively: Our accident attorneys have extensive experience dealing with insurance companies. We anticipate their strategies and push back to ensure you’re offered a fair settlement.
- Calculating True Damages: Insurers often undervalue claims by overlooking non-economic losses, such as emotional trauma, loss of society, or the loss of companionship. We calculate the full scope of compensatory damages to make sure nothing is left out.
- Preparing for Trial: While many cases settle out of court, we prepare every claim as if it will go to trial. This signals to insurers that we’re serious and won’t settle for less than what your family deserves.
By standing firm and using proven strategies, we help families avoid being taken advantage of during such a vulnerable time.
Speak to an Oregon Wrongful Death Lawyer Today
While no amount of money can bring back a loved one, a wrongful death claim can ease the financial strain on your family and hold the responsible parties accountable. With Harris Velázquez Gibbens on your side, you can face the future with more confidence, knowing that experienced lawyers are fighting for you. For more information or to schedule a consultation, please call (503) 483-8644.
