The death of a loved one is always painful, but it is even more so when it is caused by someone else’s negligence or recklessness. Your grief and shock at your loss may be compounded by anger about the circumstances, and worry about what the future holds. This is when you need a wrongful death attorney.

If you have suffered the needless loss of a loved one, you want answers, and you deserve accountability. An experienced wrongful death attorney can help you get both. While no financial recovery can make up for your loss, a successful claim against the responsible party can bring you a sense of closure and peace of mind about your family’s future financial security. Contact the Fraser Law Firm to learn more.

What is a Wrongful Death Claim?

A “wrongful death” is a death caused by the negligent, reckless, or even intentional act or omission of another party, such as medical malpractice or a catastrophic personal injury. A wrongful death claim is a civil (not criminal) lawsuit filed on behalf of the family or estate of the deceased. Its purpose is to financially compensate them, as far as possible, for the losses they have suffered as a result of their loved one’s death. Those losses may include:

  • The future earnings of the deceased had they lived
  • The medical bills incurred as a result of the injury that led to the death
  • Loss of services, such as the household help or child care the deceased would have provided had they lived
  • Burial and funeral expenses
  • Loss of financial benefits or inheritance heirs might have received if the deceased had lived a longer life
  • Loss of the deceased’s companionship and society by surviving family members
  • The emotional distress of the surviving spouse, children or parents, in some cases

As you can see from that list, the primary purpose of a wrongful death lawsuit is to compensate survivors, not to punish the responsible party. However, if the death was caused by especially egregious behavior, punitive damages may also be awarded. Punitive damages are intended to hold the person or entity that caused the death accountable for their actions. While punitive damages are somewhat rare, when they are awarded, they can be significant.

Who Can File a Wrongful Death Lawsuit?

Many people suffer when a life is needlessly cut short. That said, only close relatives, such as the spouse, children, or parents of the deceased, can file a wrongful death action. In general, if a person would be eligible to inherit from the deceased under Oregon law in the absence of an estate plan, they may be eligible to file a wrongful death lawsuit.

If there are no surviving heirs, the deceased’s personal representative may still file the claim on behalf of the estate. In most cases, the claim must be filed within three years of the death.

What is a Survival Action?

A survival action is another type of lawsuit that can be filed in Oregon after a wrongful death. However, a survival action is distinct from a wrongful death suit.

In a survival action, the estate of the deceased seeks to recover compensation for damages that the deceased could have claimed had they survived the injury that killed them. These include lost wages, pain and suffering, and medical expenses. These claims are most common in cases where the deceased initially survived their injury, but eventually succumbed to it, whether a few hours or many months later.

If warranted by the situation, both a survival action and a wrongful death action can be filed; they are not mutually exclusive. While a wrongful death action is filed on behalf of survivors for their losses related to the death, a survival action is filed by the personal representative on behalf of the estate for the losses of the deceased.

How Does a Wrongful Death Lawyer Help?

Wrongful death cases are usually complicated, with complex questions of causation and damages. An Oregon wrongful death attorney will review the facts of your case with you to explore whether you have a claim that should be pursued.

If you do, your attorney will perform an in-depth investigation and gather evidence in support of your claim, such as accident reports, medical records, and witness statements. Your attorney will also work with respected experts who can help establish causation and economic damages—”connecting the dots” that improve the chances of a favorable settlement or jury verdict.

Perhaps most importantly, a wrongful death lawyer protects your legal and financial rights so that you can focus on what matters most: navigating your grief and spending time with your family as you deal with your loss.

Work with a Compassionate Wrongful Death Attorney in OR

The Fraser Law Firm offers both the experience you need and the compassion you deserve at this difficult time. To work with a seasoned wrongful death attorney in Oregon, Washington, or Idaho, contact the Fraser Law Firm to schedule a consultation.