Why People Delay Filing a Wrongful Death Claim
Oregon wrongful death claims provide a vital way for surviving family members to seek compensation and justice after the tragic death of a loved one. Generally, state law sets a three-year deadline to file a lawsuit, with the clock beginning to run on the date the deceased suffered a final injury. Unfortunately, some people wait too long, which means they might lose the ability to receive any compensation. Contact Rosenbaum Law Group, PC today. Our firm can quickly step up and protect your family’s rights by identifying the correct defendant and filing a claim.
Family Disagreements and Other Delays
Under the statute, the estate’s personal representative decides which lawyer to hire and is the person through whom a wrongful death lawsuit is filed. This person should be named in the deceased’s will. However, many people die without a will, which means the probate court is tasked with naming someone to serve in this capacity.
Often, one family member will step up to serve as the representative. For example, a parent might be killed in an accident, and their eldest surviving child steps forward to serve. Typically, the children would decide among themselves which one would serve as the representative.
Unfortunately, some families do not get along. Siblings might fight or have had no relationship for years. It’s unrealistic to expect them to be able to work together harmoniously after a parent’s tragic death. Two or more siblings might want to serve as the personal representative, which drags out the process.
Even after the court names a representative, there can be other delays. Family members are usually heavily involved and want to have their voices heard. They might put pressure on the personal representative to settle the claim quickly so they can obtain compensation. It is important to note that the personal representative does not decide who gets what out of any wrongful death settlement; an Oregon law controls that important decision.
It is vital to avoid delay when it comes to filing a wrongful death claim.
How to Smooth Out the Process
Many people are grieving after losing a spouse, parent, or child. They are not in the right frame of mind to handle a legal claim or deal with disagreements among family members.
The personal representative can hire a lawyer to handle this legal claim and should certainly do so. A lawyer can handle all aspects of the case. For example, our firm can begin gathering evidence to reconstruct the fatal incident. If a loved one died in a car crash, we can speak to witnesses and search for dash cam or surveillance video. We can also coordinate with accident reconstruction experts to better understand how the crash unfolded.
We will also ensure your legal claims are filed before any deadline. That protects your rights to negotiate favorable compensation.
Schedule a Free Consultation with a Portland Wrongful Death Lawyer
Family squabbles are common after the tragic death of a beloved member. Nonetheless, you shouldn’t let disagreements impair your ability to seek compensation. Call Rosenbaum Law Group today to schedule a consultation. Our Portland wrongful death lawyers are available to answer questions and address other concerns.
Source:
oregon.public.law/statutes/ors_30.020
