Signs You Have a Potential Wrongful Death Case

Image of a lawyer signing papers - signs you may have a wrongful death claim in Washington or Oregon - OlsenDaines

If your loved one has died because of a third party, you may be able to file a wrongful death claim. However, the case needs to meet certain criteria before you can claim compensation.

Signs You May Have a Wrongful Death Case

Many wrongful death claims involve negligence, meaning the defendant owed your loved one a duty of care and didn’t follow it. To classify as wrongful death, the death of a person from negligence or willful intent must be present. Wrongful death is especially common in medical malpractice cases in which the doctor failed to diagnose a condition leading to patient demise.

You also may have a claim if your loved one died because of a defective product they used correctly. Victims killed intentionally, such as a shooting or careless driving, are often signs you have a wrongful death case. Sometimes, fatal falls or other accidents on property caused by negligence are grounds to file a wrongful death case.

Who to Sue and Who Can File a Wrongful Death Lawsuit

Generally speaking, the surviving spouse, surviving children and any family members of the person who died, as well as anyone who is a beneficiary of the person’s estate, can bring a wrongful death action.

If the party passed because of a defective product, you could bring a lawsuit against the makers. A medical malpractice case may involve several parties, which include doctors, nurses, ER personnel, surgeons, and pharmacists. Premises liability laws allow you to sue landowners who didn’t fix a defect or set barriers for attractive nuisances.

Sometimes, a wrongful death claim is warranted for preventable incidents to get justice. However, certain groups are often protected by immunity laws, such as government officials. If you have questions, speak with an attorney at OlsenDaines before filing a claim. Our attorneys have extensive experience with wrongful death claims and can help you recover all of the damages to which you are entitled. Call us today to set up your free consultation.

What Should I Know About Filing a Wrongful Death Claim?

Filing a wrongful death claim can feel overwhelming, but an experienced attorney can guide you through the process. Before beginning, however, there are a few important things to know about filing a wrongful death claim:

  • Time to make a wrongful death claim is limited. In every state there is a set of laws known as the Statute of Limitations. These limit the amount of time that you have to file a lawsuit. Oregon and Washington residents have up to three years to file a wrongful death claim. And if the claim is against a public entity in Oregon, there’s a one year statute for sending a Tort Claim Notice to preserve your rights against the public body. Missing this timeline could prevent you from recovering damages.
  • You may be awarded specific types of damages. If your claim is successful, you may gain compensation for a variety of damages. Common wrongful death damages include medical bills, funeral expenses, loss of wages or inheritances, and loss of companionship.
  • You will need documentation to prevail in your case. For a successful claim, you will need to prove negligence. One of our attorneys can help you compile documentation to show that the defendant violated a legal duty to the deceased and that your loved one died as a result of that violation.

Wrongful Death Attorneys in Washington & Oregon

If your loved one died due to the negligence of others, don’t hesitate to consult one of the experienced attorneys at OlsenDaines. We are committed to guiding you through the process of making a wrongful death claim to recover all of the damages to which you are entitled. Call us today to schedule your free legal consultation.

Wrongful Death Suits; Texting and Driving

According to the National Highway Traffic Safety Administration  driving while talking or texting on the cell phone claimed the lives of 3,477 people in 2015 alone. A study conducted in 2012 found that 660,000 American drivers use their cell phones while driving. Thirty-eight of the fifty states and the District of Columbia have anti-texting laws. Many states are moving towards bringing criminal charges against drivers convicted of causing fatalities while texting and driving, including motor vehicle homicide and negligent operation of a motor vehicle.

Texting and Wrongful Death Lawsuits.

Texting while driving is not only distracting, it’s negligent. It has been said to be the equivalent of driving while intoxicated. In some states, if texting was a contributing factor in a fatal car accident, the victim’s family can file a wrongful death action.

Many wrongful death actions arise out of car accidents. Wrongful death actions are civil law litigations that allow a decedent’s representative to get money damages (for the estate) caused by the tort committed by the defendant – in this case, texting while driving.

And when it comes to texting and driving wrongful death actions, the damages awarded can be astronomical. Consider this case:

  • A Florida jury awarded $8.8 million to the family of a woman who was killed by a young male driver who was speeding and texting his girlfriend.

Even where the victim does not die, but is injured, the damage awards can be significant, as in these cases:

  • A jury awarded a 15-year-old car accident victim in Georgia, $1.5 million for injuries she received when a texting driver hit her mother’s car.
  • In Florida, a woman who suffered traumatic brain injury and was left permanently disabled due to a distracted driver accident, was awarded $4.3 million.

No amount of money will ever compensate these victims or their families for their loss, of course. Nevertheless, it is clear that juries do not hesitate to award hefty damages in texting and driving cases not only where death ensues but where people are injured as well.

Limitations on Who Can File a Wrongful Death Action.

A wrongful death claimant may be able to recover for  the loss of financial, household support he or she would have gotten had their loved one lived, as well as for the loss of love, companionship, moral support, affection, and consortium. However, not just anyone can file a wrongful death lawsuit. These actions are governed by statute. And each state has its own wrongful death statute. The only way to be certain whether you may be entitled to recover for the wrongful death of a loved one who was killed in a car accident due to texting and driving is to consult with competent counsel.

Don’t Text and Drive.

If you or someone you love has been killed or injured by a driver where texting and driving was or may have been a contributing factor to the accident, get in touch with us. We have offices in Salem, Medford, Bend, Portland, Eugene Albany, Grants Pass, Klamath Falls, and several other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington. You can call us toll free at: 1-800-682.9568.

Wrongful Death Explained

Some of the saddest situations we encounter concern wrongful death lawsuits.

What is a Wrongful Death Lawsuit?

When someone dies or is killed as the result of the negligence or actions of another—  including murder —the surviving members of the victim’s family can bring a civil lawsuit for “wrongful death.” Because wrongful death is a civil tort, and not Penal Code violation, the legal standard for proving that the defendant wrongfully caused the death of the victim is far less than that required in criminal cases. As a result, it makes it easier to prove, especially where the civil case is based on the criminal case, as in a murder situation.

On the other hand, even if the surviving members of the victim’s family prove their case against the defendant, the defendant will not go to jail. Instead, he will be required to pay the family damages (i.e., money). That is not to say that the person who commits murder or commits other crimes associated with the victim’s death cannot or will not be prosecuted criminally, either before or after the civil case. The point is only that in a civil lawsuit, the remedy is money damages. In a criminal case, it is incarceration and restitution.

Who Can File a Wrongful Death Lawsuit?

A wrongful death lawsuit can only be brought by the personal representative of the decedent’s estate. This type of lawsuit is the governed by statute. Each State has its own statutes governing wrongful death actions.

Personal Injury, Medical Malpractice and Wrongful Death.

Many wrongful death actions arise out of car accidents, fights, medical malpractice, job injuries, or criminal activity. Wrongful death actions allow the decedent’s representative to get money damages (for the estate) caused by the tort. In addition, decedent’s representative can recover for the pain and suffering that the victim endured before death. This is because the personal injury action survives the death of the person who suffered the injury. “Survival actions” as they are called, can be brought to get compensation for the pain and suffering the victim endured.

Personal Injury Attorneys.

If you or someone you love has been injured or died because of another’s negligence or willful misconduct, call us. We can help. We have offices in Washington and throughout Oregon. To set up your free consultation, give us a call or send us an email .