If your loved one is killed in an accident, it can leave you with a loss of companionship and financial support. Handling a loved one's accidental death is a long, arduous journey. However, with sufficient help, you and other surviving family members may recover financially in certain cases. A reputable and experienced personal injury attorney can greatly assist in determining whether a claim can be made, and assist in any legal action.

What is a Wrongful Death Lawsuit?

Following the loss of a loved one, surviving family members may have the option of bringing a civil suit. If successful, the person who caused the death will be required to pay the surviving family whatever amount a court determines appropriate for the decedent’s pain and suffering prior to death, the loss of society and companionship of the decedent’s family, loss of financial support, as well as for the related medical, burial and memorial expenses. A few common examples of wrongful death claims are:

• Auto accidents 
• Pedestrian accidents
• Medical malpractice 
• Product failure 
• Drowning

No recovery could ever bring a loved one back, so the court has to resort to monetary compensation instead.  The value of any such compensation will depend on a court's findings of:

• Liability (who was at fault),
• The deceased person's age, income, and life expectancy,
• The deceased person's relationship with the family members seeking to recover, and
• The statutes addressing the various types of recovery allowed in wrongful death claims. 

What are the Statute of Limitations?

A statute of limitations is a chosen period that allows survivors to file suit for wrongful death damages. Oregon's statute of limitations regarding wrongful death claims is generally three years.

While this may seem like a gracious period, getting all the details together early to prove your case is crucial. During this time, insurance adjusters will likely try to call you, most of whom have been trained to get you to agree to minimal compensation or say things that will hurt your case. If you want to recover the true value of the wrongful death claim, it is always best to find a lawyer who can compile the facts and explain the law.  An attorney can remind you of your rights, set up the Estate as required, take the lead in negotiations, obtain court approval of any settlement, and even take the case to trial if needed. This way, we can do all of the work so that you can focus on the compassion and community the grieving process calls for.

Who can file a wrongful death suit?

In Oregon, the only person who may file a suit regarding wrongful death is the "personal representative." This is often referred to as the executor of the estate. If the deceased person had a preferred personal representative, it would likely have been in the will.

But sometimes, there is no will, or the named person cannot maintain their duties as a personal representative. In that case, the court will grant it to those, usually in the following order:

• The deceased person's surviving spouse or nominee,
• The deceased person's closest living relative,
• A person the court trusts and appoints,
• If appropriate, a government agent, like the Department of Veteran Affairs or the Director of Oregon Health Authority

In Oregon, the personal representative is obligated to pursue the wrongful death claim for the benefit of “statutory beneficiaries.”  These include:

• A spouse,
• A parent (or step-parent),
• A child (or step-child),
• One would otherwise inherit property from the decedent if there was no will.

What damages may I obtain from winning a wrongful death lawsuit?

In the state of Oregon, may be entitled to recovery in a wrongful death claim for the following:

• Cost of medical bills prior to the decedent's death
• Lost financial support because of the decedent's death
• Cost of burial and memorial services
• Pain and suffering of the decedent from the time they were injured up to the time of their death
• Compensation for the loss of society and companionship of the decedent’s statutory beneficiaries due to the decedent’s death

In this state, there are also 'punitive damages' that are intended to punish the wrongdoer for their actions. For example, an estate may recover punitive damages from the drunk driver who killed their loved one.

What Type of Attorney Should I be Searching For?

An attorney specializing in personal injury and accidents will be most desirable for compiling the most efficient case, as they would have the knowledge and experience in these situations. You want to find a lawyer with a successful track record in wrongful death suits to ensure that such an emotional suit will be handled with care so as to best ensure success. 

It is usually best if you seek attorneys experienced in the facts involved. For example, if a car accident caused death, finding a successful motor vehicle lawyer would be much more beneficial than a lawyer who only focuses on medical malpractice.  With seasoned attorneys backing you, you are more likely to obtain the maximum compensation possible to recover for the damages the accident has caused you and your loved ones. At Dwyer Williams Cherkoss, our personal injury lawyers are knowledgeable, experienced, successful and happy to help you move forward.

Some Questions to Ask When Searching for Attorneys…

• How often does the firm handle wrongful death cases? It should put you at ease knowing you can rely on someone who has experience with similar cases to yours. Wrongful death law and procedure is very complex, and one misstep by an unwary attorney can cost you everything.  
• What have past clients had to say about the firm's work over the years? Understanding how the firm maintains positive relationships with its clients is essential, whether by word-of-mouth or online. Particularly helpful are online reviews left by past clients, who have had real experience with that particular firm.
• How close is my lawyer's office to me? You want to ensure you hire a lawyer familiar with and integrated into your local area. For example, our Oregon lawyers are much more familiar with Oregon law than, for instance, New Jersey law!  And because we have six offices located across the state, we are never more than a stone’s throw away.
• How will I be paying for my lawyer's services? You should make sure to check the payments methods of every firm you evaluate. Some firms, including Dwyer Williams Cherkoss, bill their clients on a contingency basis. This way, only a portion of your winning settlement will be taken as compensation for legal duties, and there is no attorney fee on the off chance the case is lost.

Need a Wrongful Death Lawyer in Oregon?

If you need a professional, reputable lawyer following the tragic loss of a loved one, contact Dwyer Williams Cherkoss today at (541) 617-0555. No matter what path you decide to take going forward, our Portland, Medford, Bend, Eugene, Roseburg, and Grant's Pass-based attorneys are willing to set up a free consultation to get you on the track to the compensation and peace you and your family deserve.