Did your loved one die in an accident because of someone’s negligence or wrongful act? You could file a wrongful death lawsuit in Oregon, but there are several things to remember about these lawsuits. First, you should have the case reviewed by Portland wrongful death attorneys to find out if you have a case, then remember the following information.
The first thing to know is that only certain types of deaths can qualify for a wrongful death lawsuit. If your loved one died because of someone’s negligence and could have filed a personal injury lawsuit if they had lived, then you could have a case. But you don’t have a case if someone else didn’t cause the accident.
For example, if your husband rear-ended a tractor-trailer at a red light and died, it was most likely because of his negligence. The accident will be investigated, but rear-end crashes are usually the fault of the driver in the back.
On the other hand, if your husband drove through an intersection and was t-boned by a tractor-trailer, there is a good chance that the case could be a wrongful death claim. The truck driver may have failed to stop at a red light or stop sign and hit your husband’s car, killing him.
Auto accidents are some of the most frequent reasons there are wrongful death claims. However, there are other wrongful death cases in Oregon, including for defective products, premises liability, and medical malpractice. If you have a potential case in these areas, Portland wrongful death attorneys also could help you.
The next thing to know is if you hire Portland wrongful death attorneys, you only have a limited time to file a claim. You cannot wait 10 years after the death to file suit. The state usually only gives you three years from the date of death to file a wrongful death lawsuit. So, it is always best to talk to a lawyer promptly. Wrongful death lawsuits are complicated, and the insurance company will usually contest it because payouts can be considerable. Your attorney will need ample time to research the case and collect evidence before filing a lawsuit. So, if you wait until a month before the filing deadline, many attorneys may decline to take your case.
Next, in Oregon, the case has to be filed by the estate representative, and the purpose of the case is to benefit the beneficiaries financially, such as the parents, children, or surviving spouse. Compensation that may be available is for burial expenses, funeral costs, loss of current and future income, loss of care and support, loss of inheritance, mental pain, and anguish, and the deceased’s pain and suffering when they died.
If you lost your loved one in an accident, you could be so overwhelmed with grief and dealing with day-to-day survival that you don’t even consider filing a claim. Sadly, many people who lose loved ones in accidents because of someone’s negligence never file a wrongful death lawsuit. In fact, many people aren’t aware that they could be eligible for compensation.
Other people may know they can sue but think the cost of an attorney is too exorbitant to consider. The fact is that most Portland wrongful death lawyers work on a contingency basis, which means that they are not paid unless you are. Because of this payment arrangement, you have nothing to lose by having an attorney review the case. If the case doesn’t look strong or it appears that the evidence doesn’t show another person caused the death, the attorney will tell you and not take the case. If they do take it and fail to secure compensation, you will not have to pay.
