Trying to place a monetary value on a human life seems impossible. Life is precious and priceless so how do you determine its value? Unfortunately, if a loved one perishes in an accident caused by negligence, you may find yourself trying to figure out the value of their life.
Recovering compensation in an Oregon wrongful death claim can be unpleasant to think about but it may also be a necessity. The loss of a loved one can leave you with mounting expenses you can’t cover without receiving financial compensation.
We’re taking a look at the essential steps you need to take if you’re pursuing a wrongful death claim in the Beaver state.
Common Types of Wrongful Death Claims
Wrongful death claims are governed by personal injury law. You’ll run into a few differences, primarily who can file a claim and the maximum compensation amount you can receive, but otherwise the rules are essentially the same.
This means you can file a wrongful death claim for almost any type of personal injury accident resulting in the death of a loved one. Some of the common types of wrongful death claims filed in Oregon courts include the following:
- All types of vehicle accidents, including ones involving pedestrians, cyclists, and motorcycle riders
- Medical malpractice claims. The National Institutes of Health (NIH) lists medical malpractice as the third leading cause of death in the United States. Yes, this puts medical errors above other common causes of fatalities like strokes and heart attacks. When a medical professional fails to meet standard of care guidelines and this results in a patient’s death, you may have grounds to file a medical malpractice claim.
- Product liability. If a product malfunctions and a consumer perishes, you may be able to file a wrongful death claim against the product’s designer, vendor, or manufacturer.
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Workplace accidents are a little different. You can still file a wrongful death claim but your case isn’t usually against the employer. Instead, you file a claim through workers’ compensation.
The insurance provider usually covers wrongful death claims if the accident occurs at work or while performing job-related tasks. If you’re wondering about filing a wrongful death claim after a violent assault, the answer is often yes.
However, if the fatality occurs during a criminal event like an assault or robbery you’re filing a third-party claim against the individual. This can limit your ability to recover financial compensation. You’re filing a claim against the guilty party and not a business or insurance provider.
So, if the defendant can’t cover your financial award there’s a chance you’re not going to receive compensation.
Who Can File a Wrongful Death Claim in Oregon
The law covering who can file a wrongful death claim is essentially the same regardless of which state the incident occurs. Usually, the executor of the deceased estate files the wrongful death claim. This is the individual named in the will and can include anyone from an attorney to a spouse, child, or even a close friend.
If the deceased hasn’t gotten around to naming an executor, don’t panic. You should still be able to file a wrongful death claim in Oregon. The state allows the following to file a wrongful death claim:
- Spouses
- Adult children. Minors can request the court to appoint an executor to file a claim on their behalf.
- Surviving parents
Siblings may also be able to file a claim if the deceased isn’t survived by a spouse, children, or parents. However, siblings may need to petition the court to be appointed as the estate’s executor. If you’re not sure who can file a wrongful death claim, talk to an experienced personal injury attorney.
Don’t Miss the Statute of Limitations
The state understands family members need some time to grieve the loss of their loved one. They also need some time to start gathering evidence to prove their wrongful death claim.
However, Oregon doesn’t give surviving loved ones forever to file a wrongful death claim. The statute of limitations in Oregon is three years from the date the fatality occurs. This is a little different from a personal injury claim when the statute starts on the accident date. If you miss the statute of limitations, there’s a good chance you can’t file a wrongful death claim.
Potential Recoverable Damages
If you’re familiar with the damages commonly listed in personal injury claims, you’re off to a good start for your case. The damages are similar, with a couple of additions.
Your claim can include all medical expenses. This can include medical costs stemming from all hospital and nursing services. If the deceased was receiving long-term care, you should be able to include these costs.
You can also recover compensation for memorial and burial costs. Cremation costs can also be included in a wrongful death claim. Surviving dependents like children and/or a spouse may also be eligible to receive compensation for pecuniary losses. This refers to the loss of income the dependents often experience due to the deceased lost income.
Along with economic damages, you may also be able to claim non-economic losses. These are intangible items like your pain and suffering. You may also be able to claim compensation for the pain and suffering the deceased experienced due to their injuries.
Since non-economic damages are intangible, meaning they don’t have an intrinsic value, your accident lawyer can help you calculate their value.
Punitive Damages
Oregon does cap punitive damages in wrongful death cases at $500,000. However, this may not impact your wrongful death claim.
Punitive damages are only awarded by a judge or jury in wrongful death cases involving gross negligence. If gross negligence isn’t a factor, you’re probably not going to receive punitive damages.
Filing a Wrongful Death Claim
Filing a wrongful death claim can be stressful, especially since you’re still grieving the loss of your loved one.
To help ensure you receive fair compensation, it’s usually a good idea to work with an experienced Oregon wrongful death attorney. Your lawyer can handle the details of your claim so you can focus on remembering your loved one.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
