Let’s imagine a very tragic situation where a family member is involved in a vehicle accident in which they are partly at fault, and they pass away. The other driver survives the accident but sustains injuries.
You are a family member of the driver who died and lives in Oregon, where the law acknowledges that more than one person can be responsible for an accident, including the victim. This means the possibility of recovering damages for wrongful death exists in such cases.
Comparative fault system
This legal doctrine allows a plaintiff to recover damages even if the individual who died shared some fault in the accident. Yet, it is essential to determine the level of fault. The percentage of fault attributed to the deceased will reduce the awarded amount.
Establishing fault
Because of this legal doctrine, it is imperative to establish fault correctly because this will directly affect the recovery amount. To determine fault, courts evaluate:
- Witness testimony
- Police reports
- Medical reports
- Expert opinions, and more.
What do wrongful death claims cover?
Wrongful death claims in Oregon can cover many types of expenses. For example, medical fees, funeral costs, losing income, and the pain and suffering of the family and loved ones that the deceased left behind.
A wrongful death case where comparative negligence is present can be highly complex. Speaking with a knowledgeable wrongful death attorney can help you understand the process while offering comfort and knowing that justice will be served.