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Wrongful Death Claims

When someone dies due to the negligent actions or omissions (failure to act) of another, the family of the deceased person has a “wrongful death” claim.

Speaking in generalities, some of the more common causes of wrongful death claims are car accidents and truck accidents, as well as motorcycle and pedestrian accidents, drunk drivers (referring to potential claims against those who served alcohol to the responsible party), and medical malpractice (hospital, physician, nurse practitioner and nursing negligence).

In a wrongful death case, Oregon law (ORS ยง30.020) allows qualifying family members of the decedent to assert claims for compensation for the following categories of losses:

  • Pain and suffering for the survivors;
  • Loss of companionship;
  • Loss of future earnings;
  • Benefits lost due to the victim’s death;
  • Reimbursement for burial and funeral expenses;
  • Reimbursement for medical expenses incurred; and
  • Reimbursement for out-of-pocket expenses incurred

A detailed discussion of the analysis involved in determining the amount of compensation that should be paid in a given case is beyond the scope of this web page, however, our staff is available to meet with you at no cost to discuss your case in detail.