If you lost someone you love in a preventable accident, you may want to consider talking to a wrongful death attorney in Lake Oswego. But how do you know if your case is valid? What are the things to know about these important lawsuits? Below is more information.
The first thing to know is not every death in Lake Oswego can be the basis of a wrongful death lawsuit. A wrongful death is defined as when someone’s wrongful act or negligence caused the person’s death. If the person had lived, they would have been able to file a personal injury lawsuit for their damages.
Car accidents are one of the most common bases for wrongful death lawsuits. But if your husband ran off the road and hit a tree and died, there is no legal case. But if someone ran a stop sign and ran your spouse off the road and killed him, there could be a case.
Other common causes of Lake Oswego wrongful death lawsuits are truck accidents, defective products, and medical errors.
Next, remember that you only have a limited time to file a wrongful death lawsuit in Oregon. The time limit is just three years from the date of the person’s death. That is why it is vital to give your wrongful death attorney in Lake Oswego a call as soon as possible. Building a strong case takes time and you do not want to throw the case together in just a few weeks.
Also, in Oregon, the wrongful death lawsuit can be brought by the administrator or personal representative of the estate. Beneficiaries who can receive compensation in the lawsuit are the spouse, parents, and children. In rare cases, stepchildren and stepparents may qualify, as well.
The personal representative for the decedent’s estate can try to get damages for losses and damages that are related to the death. Some of the most common financial damages are burial expenses, medical bills, lost wages, and loss of companionship. Also, Oregon law allows you to receive money for the lost future income of the deceased. You also may try to obtain money for loss of benefits, pension, medical insurance, and inheritance. The family may be able to get money for the loss of the person’s companionship, but the limit on these damages is $500,000.
It also is important to remember that Oregon has both wrongful death lawsuits and survival actions. A wrongful death action can pay you for many of your damages and losses, including what you and the decedent suffered. In Oregon, a survival lawsuit can be filed but is usually done for a reason other than the decedent’s death. For example, the deceased may have filed a legal action for damages for breach of contract. But they died before the case could be filed. In that case, their estate can file the survival action.
If you believe that the death of your loved one is a wrongful death caused by another party, you should speak to a wrongful death attorney in Lake Oswego. The attorney will review your case at no cost to find out if there is a legal case. If so, you will not incur any legal expenses upfront for taking action. The attorney will take out legal fees from the settlement or verdict award if you win the case. If the attorney takes the case, there is a high probability there will be a settlement or verdict in your favor. Talk to an attorney today for more information.
