The Most Common Scenarios that Warrant a Wrongful Death Claim
When the misconduct of another person or a business leads to someone’s death, the personal representative of the deceased person’s estate may file a wrongful death claim as a way to recover damages for the benefit of specific people. Damages that may be secured through an Oregon wrongful death claim can include:
- Medical expenses related to the event that took the person’s life
- Funeral and burial costs
- Current and future lost earnings
- Loss of society and companionship (currently capped at $500,000)
- Punitive damages when the misconduct was particularly outrageous
Several situations can lead to a wrongful death suit. When you understand what a wrongful death lawsuit is and what the common causes of filing such a legal action are, you will have a greater understanding of your legal rights if you unexpectedly lose a loved one.
Wrongful death suits can be complicated and are often extremely emotional. It is common for loved ones left behind to feel overwhelmed and also be reluctant to immediately take legal action after a tragedy. Despite the unfortunate circumstances that led to the loss of a life, waiting to file a wrongful death suit may result in loved ones losing their ability to recover compensation. If the statute of limitation passes, it is generally impossible to file a suit. Typically, Oregon’s wrongful death statute of limitations gives a deceased’s loved ones only three years from the date the individual passed away to file a suit.
If you have questions about wrongful death claims in Oregon and would like legal advice about filing a claim, you are welcome to call a Portland wrongful death attorney at Rosenbaum Law Group.
Common Situations Leading to Wrongful Death Claims
Typically, when a personal injury results in death, a wrongful death claim can be filed. However, there are situations that tend to be deadlier than others and are behind the majority of wrongful death claims filed every year.
Traffic Accidents
Car and truck accidents, motorcycle crashes, pedestrian incidents, and other traffic accidents are the leading cause of wrongful death in the United States.
Medical Malpractice
Medical mistakes that result in death happen far more frequently than most know and are so prevalent that medical malpractice is the third leading reason for wrongful death claims.
Workplace Accidents
There are many industries that tend to be more dangerous than others. Construction or law enforcement, for example, have high rates of work-related death. Still, wrongful death compensation can result from a deadly workplace accident that takes place for workers employed in any profession.
Product Liability
Defective products can and do kill people. Whether it is a pharmaceutical product, a baby toy, or an automobile when a product is faulty, it can be deadly, and this is why product liability is a leading cause of wrongful death claims.
Violence
Acts of violence that lead to death do give victims the right to file a wrongful death claim.
Speak to an Oregon Car Accident Attorney Today
It is essential that loved ones have resourceful and knowledgeable legal representation when moving forward with a wrongful death action. Having the right legal counsel can be the difference between justice and being treated unfairly.
For more information, please call the experienced Portland personal injury lawyers at the Rosenbaum Law Group today at (503) 288-8000. Initial consultations are complimentary.
Source:
bls.gov/news.release/pdf/cfoi.pdf
