Wrongful Death Claims
When a family member dies unexpectedly and that death was the result of the carelessness of a person or a corporation, the family of the deceased has a wrongful death claim. When that happens to your family, you've suddenly got a lot "on your plate." It is difficult enough to deal with the loss of a loved one without having to deal with insurance companies calling to get your signature for a quick settlement. Your family deserves the personal attention and experience of a knowledgeable Oregon wrongful death attorney. At Kaplan Law LLC, we are dedicated to providing our clients with all the compassion, energy, and determination that is needed to help you achieve just and fair compensation for your loss. We do not charge any attorney fees unless we win your case.
The most common causes of wrongful death claims are car crashes, truck accidents, motorcycle collisions, drunk drivers (dram shop claims), medical malpractice, aviation accidents, defective products, construction defects, and intentional assaults... and many of these kinds of accidents are occurring with considerable frequency. In every year since 2016 (except one,) Oregon has logged 490 or more traffic fatalities. In each of the last two years, Portland alone has accounted for 54 or more traffic deaths.
A decade ago, the Oregon Patient Safety Commission looked at "preventable errors" in health care and found, just in a single year and just in hospitals alone, 136 of them with 25% of those leading to the patient's death. According to the federal government, Oregon has logged, in 5 of the last 6 years for which statistics are available, anywhere from 47 or more fatal occupational injuries (workplace injuries).
When your loved one passes away suddenly, you and the other family members they left behind have to deal with more than just emotional trauma. You also have to confront funeral and burial expenses as well as bills from hospitals and medical treatment providers.
It's important to recognize that you only have a limited amount of time to take legal action. Oregon law says that, generally, you must file your wrongful death lawsuit within three years. (There are a few exceptions where the limitations period may be shorter or longer depending on the exact facts of your case.)
Keep in mind, that's three years from the date of the accident... not the date of your loved one's death. If your loved survived for several months before succumbing, then the period (from the date of death to the filing deadline date) is going to be several months less than three years. Strictly complying with this deadline is crucial. An otherwise powerful case may be rendered worthless if it's filed too late.
The family members of someone who died as a result of another's negligence are entitled to the following compensation:
- Pain and suffering for the survivors;
- Loss of companionship;
- Loss of future earnings anticipated over the lifetime of the victim;
- Benefits lost due to the victim's death (life insurance, 401k);
- Reimbursement for burial and funeral expenses;
- Reimbursement for medical expenses incurred;
- Reimbursement for out-of-pocket expenses incurred.
In Oregon, the amount of damages that a wrongful death lawyer can obtain for your family depends on many factors. These factors include the age and health of the victim and heirs, the life expectancy of the deceased and heirs, the amount of financial loss suffered by both the deceased and heirs, the available insurance coverage, the assets of the negligent party, the financial circumstances of the surviving heirs prior to the victim's death, and the number of surviving family members (including parents, spouse, children, and siblings).
The knowledgeable and caring Oregon wrongful death attorneys at Kaplan Law LLC understand that, when you've lost a loved one, you're experiencing unimaginable pain and, if that death was the result of someone else's negligence, that pain is only magnified. We also understand that, amidst this stress, you also have many concerns and many bills to pay. Call us at (503) 226-3844 or contact us online today to find out how we can help you and your family.
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.