If someone you love has passed away due to negligence or willful misconduct, we understand what you’re going through. The grief can be immense – and there are many important decisions to make. Our wrongful death attorneys in Oregon and Washington are experienced at helping you navigate what comes next.
In the days that follow, you are well within your rights to take time to consider your options. We strongly recommend that you NOT SIGN ANYTHING from an insurance company until you’ve spoken with an experienced Oregon and Washington wrongful death lawyer.
At OlsenDaines, we offer free wrongful death legal consultations, so you get the information you need to make an informed decision. Let us handle the legal complexities, deadlines, and negotiations, so you can focus on your family.
What Is a Wrongful Death Lawsuit?
When a person dies or is killed as a result of negligence or wrongful actions (including criminal acts), their surviving family members can file a civil lawsuit for “wrongful death.” Common examples include:
- A person dies as a result of medical malpractice or misdiagnosis.
- A person is killed in a car accident caused by another driver’s negligence.
- A person is intentionally killed or suffers a fatal workplace accident.
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Our appointments are free until you file and your concerns are addressed!Who Can File for a Wrongful Death Lawsuit?
The decedent’s estate holds the right to bring the claim, but it must do so through the Personal Representative, who is appointed by a probate court. Generally, one of the closest surviving family members is appointed as a personal representative, but every situation is different.
What Are the Statutes of Limitations for Wrongful Death Cases in Oregon and Washington?
When dealing with a sudden loss, tracking legal deadlines is the last thing on your mind. However, taking legal action in a timely manner is critical to preserving your family’s rights. Both Oregon and Washington have statutes of limitations on filing a wrongful death lawsuit, but there are some slight differences.
- Oregon: You generally have three years to file a wrongful death lawsuit. However, Oregon calculates the deadline from the date of the underlying fatal injury, or when it should have been reasonably discovered – rather than the date of death. Furthermore, if a government or public agency was involved, a formal Tort Claim Notice must be filed within one year of the injury.
- Washington: Washington also enforces a three-year statute of limitations for wrongful death lawsuits. However, unlike in Oregon, Washington typically measures this window from the exact date of passing.
Damages Owed After Wrongful Death
Damages that are potentially recoverable in a wrongful death lawsuit include both economic and non-economic damages. Economic damages include things like medical bills and loss of income, whereas non-economic damages (sometimes called emotional damages) cover things that are more difficult to quantify. This includes loss of companionship, as well as pain and suffering.
Economic Damages in Wrongful Death Cases
- Medical costs the deceased incurred prior to death
- Funeral and burial costs
- The deceased’s lost future income and financial support
Non-Economic Damages in Wrongful Death Cases
- The deceased’s pain and suffering prior to death
- Loss of consortium, companionship, care, and nurturing
- Emotional pain and suffering experienced by surviving family members
What Are Emotional Damages?
Emotional damages are money awarded to a plaintiff in a lawsuit that attempts to compensate for the emotional pain and suffering they have experienced. To win emotional damages, an attorney must prove significant emotional distress, with evidence usually in the form of medical records, expert testimony, or clear documentation.
Why Choose OlsenDaines for Wrongful Death Legal Representation?
In the midst of sudden grief, navigating the legal system is the last thing you want to do. Yet crucial legal decisions must be made to protect your family’s future. During this difficult time, we act as a steady, experienced partner. We handle every legal burden – from filing paperwork to securing full compensation – so you can focus on honoring your loved one and healing.
- Establishing Liability for Fatal Negligence: We conduct a thorough legal investigation to establish that the defendant’s breach of duty directly caused the loss of life. We coordinate with accident reconstructionists and other experts to build the strongest possible case.
- Full Economic Valuation: Under wrongful death statutes, financial damages extend beyond immediate medical and funeral bills. We collaborate with forensic economists to quantify the loss of future income, benefits, retirement savings, and household contributions.
- Accurately Calculating Non-Economic Damages: We ensure these profound losses are clearly established under the applicable legal standards.
- Navigating Statutory Requirements: Wrongful death claims are governed by state statutes that dictate who has legal standing to file a lawsuit. We assist your family in navigating all of these requirements, ensuring claims are brought in strict compliance with state law.
- Dealing with Insurance Companies: We manage all communications with insurance adjusters and corporate lawyers, protecting your rights and negotiating on your behalf.
- Courtroom Readiness: If the at-fault party refuses to offer a fair settlement, we are prepared to litigate the case in court. We have extensive courtroom experience at presenting clear and compelling evidence to judges and juries.
- No Upfront Costs: We work on a contingency basis, so you pay no legal fees unless we successfully secure a financial settlement or court verdict for your family.
Wrongful Death Law FAQs
Check out some of the most common wrongful death case FAQs clients ask us. These are not intended as specific legal advice about your case, but rather general information about what to expect with the process. For specific legal advice, we’re pleased to offer free legal consultations for wrongful death cases, so don’t hesitate to get in touch with us to schedule yours.
FAQs
How long does a typical wrongful death case take from start to finish in Oregon or Washington?
Most wrongful death actions take 12 to 24 months to resolve.
- Out of Court Settlements: If liability is clear and insurance negotiations or mediation go smoothly, a case can settle in as little as 6 to 12 months.
- Litigated Cases: If liability is disputed, multiple parties are involved, or the case proceeds to a formal jury trial, your action can take as long as 18 to 36 months.
Q. How does comparative fault work in Oregon vs. Washington if my loved one was partially at fault for the accident?
Washington and Oregon use slightly different systems for comparative fault.
- Washington (Pure Comparative Fault): The estate can recover financial compensation regardless of how much fault is assigned to the deceased person – even if they were 90% at fault. However, total compensation is reduced proportionately by their percentage of fault (e.g. if total damages are $1,000,000 and the deceased was 40% at fault, the estate receives $600,000.)
- Oregon (Modified Comparative Fault – 51% Rule): The estate can only recover damages if the deceased was 50% or less at fault. If a judge or jury determines the deceased was 51% or more at fault, the family does not recover any damages.
Q. How are financial proceeds of a wrongful death settlement actually divided among family members?
Dividing the settlement is often accomplished via agreement or court appointment.
- By Agreement: If all qualifying beneficiaries reach a mutual agreement on how to divide the funds, the Personal Representative submits the proposed distribution plan for review and approval.
- By Court Appointment: If beneficiaries cannot agree, the court holds an apportionment hearing, during which the judge evaluates evidence regarding each beneficiary’s actual losses – such as financial dependency on the deceased, emotional loss, loss of companionship, etc. – and orders a fair distribution.
What if the at-fault party died in the same accident–can we still file a wrongful death claim?
Yes. The death of the at-fault party does not erase their legal liability. In this situation, the wrongful death claim is filed against the at-fault party’s estate and their insurance carrier rather than the individual.
Do all family members have to agree on the settlement, or can one person veto it?
Legally, individual family members cannot veto a settlement. The lawsuit is officially brought by the Personal Representative on behalf of the estate. While the PR has a legal duty to act in the best interest of the beneficiaries, they hold the authority to accept or reject settlement offers – subject to final approval by the judge.
Call Oregon and Washington's Trusted Wrongful Death Lawyers
We understand what you’re going through – and we’re here to help. The death of a spouse or family member is always a tragic situation, and if your loved one’s death resulted from a wrongful action or liability, you have legal recourse. The personal injury attorneys at OlsenDaines will help guide you through the process so you receive the justice you’re owed.
We have the experience and competence to ensure that you recover all the damages resulting from a wrongful death that you or your loved one’s estate is entitled to. Contact us or fill out our online form to schedule a free wrongful death legal consultation with us.
