Evidence of Lost Earning Capacity This post is from the perspective of a Portland personal injury lawyer who has to establish in every serious injury case the future economic effect of disabling injuries. Proof of impairment of earning capacity is made by giving evidence of the difference between the earnings of the injured person before [...]
Wrongful death attorney
Wrongful death is when someone is killed in an accident, and it was caused by someone else’s negligence. Who is entitled to share in the proceeds from a wrongful death claim is set out below.
Your personal injury attorney has to follow additional steps to get compensation for injuries that result in death A claim for death caused by negligence is brought under the wrongful death statute. The quotes below are from Oregon Revised Statutes 30.020.
“Action for wrongful death; when commenced; damages. (1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents … may maintain an action against the wrongdoer …”
The statute of limitations for wrongful death is generally three years:
“In no case may an action be commenced later than the earliest of:
(a) Three years after the death of the decedent; or
(b) The longest of any other period for commencing an action under a statute of ultimate repose …”
However, the tort claim notice statute has additional time limits for giving notice of the claim and filing the case. An attorney should be consulted on death cases.
The amount to be awarded for wrongful death is based upon these factors:
“reasonable charges necessarily incurred for … medical services, burial services and memorial services …;
… for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death;
… for pecuniary loss to the decedent’s estate;
… compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and
… the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.”
Most wrongful death claims present similar issues to other personal injury cases. Your injury lawyer will organize the proof of the negligence of the defendant company to establish liability, and proof of the fair amount of compensation to make up for the loss of your loved one.
What to do Next
If you just want some information, you are welcome to request the free memo (it arrives quickly by email) on personal injury claims. See the signup box on the top right of this page. Reading the information will help you get comfortable about the process.
If you are ready for a conversation about your case, contact us for a free and no-obligation conference. You should speak to an attorney promptly, because there are time limits. We can speak in person (this is usually better) or we can speak by telephone if you are not able to travel. Speaking with a wrongful death attorney will help you understand what has to be done.
