Oregon City Wrongful Death Attorney

Compassionate & Experienced Legal Advocacy

The sudden death of a loved one due to another person or party’s negligence can be an extremely emotionally distressing experience, as well as a financially burdensome one. Our wrongful death lawyers at Pacific Cascade Family Law are recognized throughout Oregon City and Clackamas County for delivering highly experienced, tailored, and compassionate client service in the wake of tragic and catastrophic events.

Contact us at (503) 212-9014 to request an in-person consultation with our entire team to learn all your options.

What is Considered a Wrongful Death?

In Oregon, a wrongful death claim arises when a person dies due to the negligence or wrongful conduct of another party. The purpose of this claim is to provide compensation to the deceased's family members for their loss, which can include economic and non-economic damages.

To succeed in a wrongful death lawsuit in Oregon, the following elements generally need to be proven:

1. Existence of a Duty of Care: The defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a manner that would not cause harm to others.
2. Breach of Duty: The defendant breached that duty by acting in a way that was negligent, reckless, or otherwise wrongful. This breach must be shown to be a deviation from the standard of care that a reasonable person would have exercised in the same situation.
3. Causation: The defendant's breach of duty was the direct cause of the deceased’s death. This means that the death would not have occurred but for the defendant's wrongful actions or negligence.
4. Damages: The death resulted in damages to the surviving family members. These damages can include economic losses (such as lost income and funeral expenses) and non-economic losses (such as loss of companionship and emotional dis

Who Can File a Wrongful Death Lawsuit in Oregon?

Generally, the personal representative (or executor) of the deceased’s estate is responsible for filing the wrongful death lawsuit. This individual is appointed to manage the deceased’s estate and handle legal matters on behalf of the estate.

Oregon law specifies who may be entitled to receive damages from a wrongful death lawsuit. The potential beneficiaries include:

• Spouse: The surviving spouse of the deceased is typically entitled to compensation for their loss.
• Children: The deceased's children (including adopted children) can also be beneficiaries. If the deceased had minor children, they are usually entitled to a portion of the damages.
• Parents: If the deceased was unmarried and did not have children, the surviving parents may be entitled to damages.
• Siblings and Other Relatives: If the deceased had no spouse, children, or parents, siblings and other close relatives may be eligible to receive damages. However, this is less common and usually depends on the specifics of the case.

Compensation for Wrongful Death

In a wrongful death lawsuit, compensation is awarded to address the financial and emotional impact of the deceased's death on surviving family members. The compensation can be divided into several categories:

Economic Damages

Economic damages are intended to cover quantifiable financial losses resulting from the death. These may include:

• Lost Financial Support: Compensation for the income the deceased would have earned if they had lived. This can include wages, benefits, and any other financial contributions the deceased would have made to their family.
• Funeral and Burial Expenses: Reimbursement for the costs associated with the deceased's funeral and burial.
• Medical Expenses: Compensation for medical costs incurred before the death, including hospital stays, treatments, and medications related to the incident that led to the death.

Non-Economic Damages

Non-economic damages address the intangible losses that cannot be easily quantified. These may include:

• Loss of Companionship: Compensation for the emotional and psychological impact of losing a loved one, including the loss of the deceased's companionship, love, and affection.
• Emotional Distress: Compensation for the mental anguish, suffering, and emotional distress experienced by surviving family members.
• Loss of Consortium: In cases where the deceased was a spouse, compensation for the loss of marital companionship, support, and intimacy.

Why Choose Pacific Cascade Legal?

As people, we were all meant to live the entirety of our lives and pass away due to natural causes. For others to suffer from the wrongful conduct of others is simply unimaginable. It is not only morally unjust for people to have their loved ones gone, due to others` negligence but there is legal redress for those left behind after the tragic loss of a loved one.

Our team at Pacific Cascade Legal understands how difficult it can be to go through the legal process while grieving and processing everything that has happened. That is why we are ready to ensure you obtain your entitled compensation to cover all the losses to help you and your family in any way possible.

Call (503) 212-9014 today. We will schedule a time for a free consultation.