The sudden death of a loved one is devastating, especially if another person’s wrongful actions caused this loss or in cases where this action could have been prevented. While grieving your loss, there is the possibility of having to cover the deceased’s financial obligations as well.
If your loved one was killed due to another individual’s wrongful actions, you deserve compensation. Contact our Portland law firm today via (503) 208-3459.
If a person is injured due to the wrongful actions of another, but dies of causes unrelated to the injury, then their family member may pursue what is called a survival action. Survival action allows the deceased’s family member to seek compensation for pain and suffering and loss of income suffered by the deceased between the time of the injury and the death.
Anthony Stuart joined the Levine Law Center team in 2019 and is admitted to practice law in Oregon and Florida (presently inactive). He started his legal career in Florida and first started practicing family law alongside a complex business and family immigration law practice. After moving to Oregon in 2015, Anthony established a new law practice dedicated to working with small to medium-sized enterprises on regulatory matters, governmental affairs, mergers and acquisitions, and corporate governance.
A wrongful death occurs when an individual dies because of another person’s wrongful action, including negligence, an omission, or misconduct. Wrongful death lawsuits are considered civil actions and must be filed within 3 years after the defendant’s death. The individual who typically files a wrongful death claim is one of the deceased’s family members.
Damages or compensation in a wrongful death case are awarded to compensate the surviving family members for their loss. This compensation might include but is not limited to:
There are three types of damages that may be awarded in a wrongful death case: economic damages, non-economic damages, and punitive damages.
Economic damages
This consists of a financial award, which may cover lost wages, medical coverage, or benefits.
Non-economic damages
This could include loss of care, companionship, pain and suffering, anxiety, and mental anguish.
Punitive damages
Punitive damages are assessed to punish the defendant for his/her wrongful conduct.
There is a wide range of factors that will be taken into consideration when determining damages in a wrongful death case. These factors may include the following:
At Levine Law Center LLC, we believe that every client deserves personalized attention and exceptional legal representation. With a team-oriented approach, extensive experience, and flexible payment options, we are committed to addressing your unique legal needs. Whether it’s protecting your business, family, or future, we’re here to deliver results that matter to you and your loved ones.
In instances where extreme negligence or intent can be proven, punitive damages may also be awarded.
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Oregon statute ORS 30.020 states that the following individuals can recover from a wrongful death action of a loved one:
It is important to note that in Oregon if an individual dies without a spouse, his/her children will inherit the estate. If an individual dies without children or parents and is married, his/her surviving spouse will inherit the estate.
Dealing with the death of a loved one along with increased financial obligations is stressful. While no type of compensation can bring back the one you love, a wrongful death action can relive some financial hardships you may face and compensate you for your loss. If you require the assistance of an experienced personal injury law firm, do not hesitate to contact us.
To speak with an experienced attorney and take the next step towards receiving the compensation you deserve, contact us online or call us via (503) 208-3459.
Our priority is your successful outcome. We take a personalized approach to ensuring your success.
We are conveniently located off of I-205. Our attorneys will come out to meet clients that live in Washington and Yamhill Counties.
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