Standing With Clients.
Fighting for Justice for
Over 25 Years.
Fighting for Justice for
Over 25 Years.
Wrongful Death Claims
Portland Wrongful Death Attorney — Oregon & Southwest Washington
You lost someone you love because of someone else’s negligence. Nothing about the legal process that follows will bring them back, but it can make certain that their life mattered, that the people responsible are held accountable, and that your family has what it needs to move forward. And it can make those responsible think twice before the same carelessness claims another life. You focus on healing. Kaplan Law handles everything else.
Two things matter most immediately. First: Oregon’s wrongful death statute of limitations and OTCA notice requirements impose strict deadlines that permanently extinguish your family’s rights if missed. Second: Do not sign anything: insurance companies contact grieving families early with offers that are almost always a fraction of what Oregon law provides.
WHO CAN FILE
Only the Personal Representative Can Bring a Wrongful Death Lawsuit in Oregon
| The Probate Requirement Oregon’s wrongful death statute requires the lawsuit to be filed by the personal representative of the deceased’s estate, on behalf of all surviving beneficiaries. A probate estate must be opened and a representative formally named before any complaint can be filed. This person does not need to be an attorney; a surviving spouse, adult child, or trusted family member can serve. Their role in the litigation does not reduce any beneficiary’s right to recover. Sometimes a professional fiduciary is best used in this role. Kaplan Law contracts with probate attorneys and fiduciaries as part of comprehensive wrongful death representation. |
CRITICAL DEADLINE
| The Clock Starts at the Accident: Not the Date of Death Oregon’s three-year wrongful death statute of limitations runs from the date of the accident, not the date of death. When a family member survives weeks or months before dying, families focused on medical care may not realize the legal clock started at the date of the incident. For claims against government entities, the lawsuit must be filed within two years. Contact an Oregon wrongful death attorney immediately. |
WHAT FAMILIES CAN RECOVER
Wrongful Death Damages Under Oregon Law
| Economic Damages (uncapped) • Medical expenses incurred before death • Lost wages and future earning capacity • Funeral and burial expenses • Value of household services • Lost financial support and contributions | Noneconomic Damages (capped; see below) • Loss of companionship and society • Loss of the parent-child relationship • Pain and suffering before death • Emotional distress of surviving family • Loss of consortium (surviving spouse) • Loss of parental guidance for children |
NONECONOMIC DAMAGES CAP — ORS 31.710
The $500,000 Noneconomic Cap — What It Means and When It Doesn’t Apply
Oregon law caps noneconomic damages in wrongful death cases at $500,000 (ORS 31.710). This cap covers all subjective losses: companionship, and emotional distress for all beneficiaries combined. Economic damages are fully recoverable with no cap. Importantly, the jury never learns about the cap; they award full damages and the judge reduces the noneconomic portion afterward if it exceeds $500,000. This cap is being challenged as an unconstitutional violation of the right to a jury trial and the remedies clause.
| Three Situations Where the Cap May Not Apply (1) Workers’ compensation cases: the cap does not apply when the decedent was killed in the course and scope of employment (Vasquez v. Double Press Mfg., Inc., Oregon Supreme Court, 2019). (2) Active constitutional challenge: In late 2024, a Multnomah County judge refused to apply the cap following a $24.6 million jury verdict (Estate of Gilbert v. The Portland Clinic), ruling it violated Oregon’s remedy clause. A second challenge (Estate of Ritchie v. Helbig) was before the Oregon Court of Appeals in 2025. (3) OTCA cases: claims against government entities under ORS 30.260–30.300 are explicitly exempt from ORS 31.710 and subject to the separate OTCA caps described below (ORS 30.269). |
OTCA DAMAGES CAP — GOVERNMENT DEFENDANTS
When a Government Entity Is Responsible — Separate Damages Limits Apply
Claims against government entities, including county jails, ODOT, TriMet, public hospitals, cities, and counties, are subject to OTCA damages caps instead of ORS 31.710. Caps adjust annually for inflation (OSCA, effective July 1). Current limits (July 1, 2025 – June 30, 2026):
| State of Oregon • Single claimant: $2,637,500 • Multiple claimants: $5,275,100 • Applies to: ODOT, OSP, OHSU, state agencies | Local Public Body • Single claimant: $879,200 • Multiple claimants: $1,758,300 • Applies to: counties, cities, TriMet, county jails |
| The Two-Beneficiary Rule and Multi-Defendant Strategy When two or more beneficiaries pursue claims from the same wrongful death, the higher “multiple claimants” aggregate cap applies; the per-person single-claimant cap does not multiply. Under ORS 30.269, the court apportions each beneficiary’s share of the aggregate limit proportionally. Critically, the OTCA cap applies only to the government defendant. Private parties who contributed to the death, including medical contractors, equipment manufacturers, and other drivers, are not subject to the OTCA cap. A multi-defendant strategy that pursues all responsible parties is essential in every government wrongful death case. |
OTCA NOTICE DEADLINES
| 180 days OTCA notice deadline for personal injury claims against government entities, from reasonable discovery | 1 year OTCA notice deadline for wrongful death claims against government entities, from reasonable discovery |
Missing the OTCA notice deadline permanently bars the claim, regardless of how clear the negligence was. If a government entity contributed to your loved one’s death, contact Kaplan Law immediately.
WHY KAPLAN LAW
| Nearly Three Decades of Oregon Wrongful Death Representation Matthew D. Kaplan has handled wrongful death cases in Oregon for nearly 30 years, across motor vehicle crashes, industrial accidents, jail medical neglect, drunk driving victims, and premises liability. Results include a $5 million settlement in the Jed Hawk Myers jail death case and a $3.4 million settlement in a jail alcohol withdrawal wrongful death case. He understands the probate process, damages framework, OTCA caps, and every strategy that gives Oregon families the best chance at full accountability. No fee unless he wins. |
YOUR NEXT STEP
Your Loss Is Real. Your Right to Accountability Is Real.
You have already survived the hardest part: what happened to you and your family. Taking this step is how you begin to reclaim your story. Call (503) 226-3844 or reach out online to speak directly with Matthew. There is no fee unless and until he wins your case.
If you have already scheduled your free appointment, please fill out our Wrongful Death Interview Form. This will save you time when you come for your appointment.