Losing someone unexpectedly is hard enough. When their death happens because of someone else’s actions, it can feel even worse. Oregon law allows certain people to take legal action if another party caused a loved one’s death through negligence or misconduct.
Definition under Oregon law
Oregon defines wrongful death as a death caused by the wrongful act or omission of another person or entity. If the person could have filed a personal injury claim had they survived, then their death may qualify as wrongful. These claims can arise from car crashes, medical errors, unsafe conditions, or even intentional harm.
Who can bring a claim
Not everyone can file a wrongful death claim. In Oregon, the personal representative of the deceased person’s estate must file the lawsuit. This representative acts on behalf of the family and may include a spouse, child, or parent. Other family members may be eligible to receive compensation, even if they aren’t the ones filing.
Damages that may be recovered
A wrongful death claim can seek compensation for both economic and non-economic losses. Economic damages might include medical bills, funeral expenses, and lost income. Non-economic damages often cover pain and suffering, loss of companionship, and emotional distress. Oregon law limits non-economic damages in some wrongful death cases, depending on the cause of death.
Timing matters
Oregon has a time limit for filing wrongful death claims. You usually have three years from the date of the injury that led to the death. If you miss this deadline, the court may dismiss your case. Starting the process sooner helps ensure that important evidence and witness statements remain available.
Understanding what qualifies as wrongful death helps you decide your next steps. Knowing who can file, what you may recover, and how long you have to act makes a big difference.