Wrongful death cases in Oregon can be incredibly complicated to navigate and are often misunderstood. When a wrongful death case is brought forward, the deceased’s surviving family members or estate representatives must prove that their loved one died as the result of negligence or intentional wrongdoings on the part of the accused.
The burden of proof lies with the family or estate reps, who must also show that the death has caused financial harm to them through medical bills or lost wages due to their loved one’s passing. It is important to understand all of your legal rights after a tragic passing so that you may seek justice for your loved one and possibly obtain compensation for your losses.
The Wrongful Death Statute of Limitations In Oregon
The wrongful death statute of limitations in Oregon provides a regulated system to determine the parameters in which a wrongful death action may be initiated. The statute allows eligible persons to bring forth a wrongful death claim, within three years of the loss or injury of their loved one, if the cause was due to negligent or intentional conduct.
Although the majority of wrongful death claims are filed within that time frame, there are certain circumstances where a claim is allowed up to five years after the date of death. If you think you might have valid grounds for a wrongful death case, it's important to seek legal counsel as soon as possible so you can fully understand your rights and the applicable statutes outlined by the state.
Common Causes of Wrongful Deaths
According to the Centers for Disease Control and Prevention, motor vehicle accidents, unintentional poisoning, falls, and homicide are among the most common causes of wrongful death across all demographics. These causes often lead to preventable fatalities due to recklessness or negligence, such as failure to pay attention while driving or lack of workplace safety protocols.
It is important to understand why wrongful deaths occur so we can more proactively address them in our society. Knowing the risks associated with each activity - like not wearing a seatbelt when behind the wheel - could be enough to save someone's life. Spending time discussing safety protocols at home and on the job is another way of exploring ways to reduce these tragic losses.
Focusing on prevention is one of the best ways we can work together toward reducing wrongful death incidents in our community.
What Is Needed to Prove a Wrongful Death Case?
Establishing liability in a wrongful death case is complex and involves proving that the person who died was killed as a result of another's negligence. This means demonstrating that the responsible party owed a legally recognized duty to the deceased and that they breached their duty, which resulted in death. Additionally, it may be necessary to show damages such as medical bills, funeral expenses resulting from the death, and lost wages.
Furthermore, it must be established that those affected financially by the death were linked legally or emotionally to the decedent. In any case, an experienced legal team can ensure that all necessary evidence is gathered and presented clearly before a court so that all parties involved receive just compensation for their losses.
Does Liability Insurance Cover Wrongful Death Damages?
Liability insurance can be a valuable asset to anyone involved in possible risk-related situations, such as business owners and drivers. But the question of coverage often arises, especially when it comes to wrongful death damages in the event of an accident. Wrongful death damage costs can be substantial and devastating, so having proper insurance coverage is essential.
Fortunately, depending on the type and extent of liability insurance coverage present, some policies may cover these damages. It's important for individuals to fully understand their level of protection for such an incident, as well as any steps that may need to be taken beyond purchasing the policy itself in order to ensure appropriate compensation should tragedy occur.
Why It’s Best to Hire a Lawyer for a Wrongful Death Case
When it comes to wrongful death cases, having an experienced lawyer on your side can make a difference. Lawyers understand the intricate details of the legal system, as well as settlement and insurance protocols that may be otherwise foreign to someone without their professional expertise. Furthermore, attorneys have access to resources such as medical experts and investigators who can best represent their clients' interests during the litigation process.
Since wrongful death cases can be complex and time-consuming, these knowledgeable professionals possess the necessary tools to assist grieving families in seeking justice. Having a lawyer's assistance through this difficult stage will provide much-needed support and guide a family towards closure after a tragic event has occurred.
The Gatti Law Firm is here and ready to help. Call us at (503) 543-1114 today!