What is a wrongful death suit?

When a loved one’s death was caused by the negligence, recklessness, or intentional act of someone else, the family of the deceased my bring a civil suit to recover some of the lost financial support and companionship caused by the death. The damages in an Oregon wrongful death lawsuit may include compensation for losses like funeral expenses, loss of income, pain and suffering, and loss of companionship. The most common causes of a wrongful death include car accidents, workplace accidents, defective products, and criminal conduct.

What is a statute of limitations?

A statute of limitations is a law that sets out the time period within which a lawsuit can be initiated. Statutes of limitations vary depending on the jurisdiction the lawsuit will be filled in and what type of claim the lawsuit brings. 

Statutes of limitations are intended to ensure that a cause of action is resolved in a timely manner, the evidence is preserved as soon after an incident as possible, and potential defendants get a sense of closure.

Once the statute of limitations expires for a specific incident, a lawsuit cannot be filed. This is why it is incredibly important to ensure any legal action is taken before the statute of limitations expires.

What is the wrongful death statute of limitations in Oregon?

The Oregon wrongful death statute, ORS §30.020, states that action for a wrongful death cannot be taken more than either three years after the person (decedent) has passed away, or the longest time allowed by any other law that sets an earlier statute of limitations for injury caused by someone else’s mistake, whichever comes first.

The statute also provides that the three years statute of limitations may begin when the plaintiff (loved one) reasonably discovers or should have discovered the cause of the decedent’s death, rather than from the date of the death itself. This can happen in a toxic tort case, for example, when it is not immediately clear that the death was caused by a certain chemical/toxin but is discovered eventually. In that case, the statute of limitations would start when the family of the decedent discovered (or should have discovered) the cause of the wrongful death of their loved one.

What happens if I miss the statute of limitations?

In most cases, if you do not file a claim before the statute of limitations ends, any future claim made in response to the wrongful death will be dismissed, and no legal action may be taken going forward.

Occasionally, there are exceptions made when a statute of limitations is missed, but these are rare situations involving fraud or malpractice.

What should you do if you suspect a wrongful death?

If you suspect your loved one’s death was wrongful, contact Dwyer Williams Cherkoss as soon as possible. It is important to work with an experienced wrongful death attorney in these cases to ensure all deadlines are met and that you are situated for the best possible outcome.

Contact Dwyer Williams Cherkoss Today

At Dwyer Williams Cherkoss, we are passionate about helping people who have lost a loved one in a wrongful death. Our team is experienced in wrongful death claims and is dedicated to holding all responsible parties accountable. From keeping up with statutes of limitations to negotiating with insurance companies, we are here to guide you every step of the way.

If you suspect your loved one’s death was wrongful, don’t go through it alone. Contact us for a free consultation. Call (541) 617-0555 and let us fight for the compensation you deserve.