Losing someone you love is one of the hardest things a person can go through. When that loss happens because of another person’s careless or wrongful actions, the grief is often tangled with anger, confusion, and a deep sense of injustice. At Youd Law, we understand that no settlement or verdict can bring your loved one back. What a wrongful death claim can do is hold the responsible party accountable, ease the financial strain your family is facing, and give you a measure of the justice your loved one deserves.
If you’re reading this after a sudden, preventable loss, please know there’s no pressure here. We simply want to help you understand your options.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil case brought when someone dies because of another party’s negligent or wrongful act. In plain terms, if the person who died could have filed a personal injury lawsuit had they survived, their family may be able to pursue a wrongful death claim instead.
These claims can arise from many kinds of tragedies, including:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Medical negligence
- Dangerous or defective products
- Unsafe premises and preventable falls
Each of these situations is painful in its own way, and each requires careful investigation to prove that someone else’s actions caused the death.
Wrongful Death Claims in Oregon: Who Can File
Oregon law is more specific than many people expect. Under the state’s wrongful death statute, only the personal representative of the deceased person’s estate may file the claim. Even though family members can’t file directly, the lawsuit is still brought for their benefit. Oregon law allows recovery on behalf of the deceased’s surviving spouse, children, parents, stepchildren, stepparents, and others who would inherit under the state’s intestate succession laws. (Source: Oregon Revised Statutes 30.020, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html)
This is exactly where having a knowledgeable advocate matters. We help families navigate the probate process, get the personal representative properly appointed, and make sure the claim is built to protect everyone the law intends to support.
What Compensation Covers
A wrongful death claim is meant to address both the losses your loved one suffered and the losses your family now carries. Under Oregon law, damages may include:
- Medical, hospital, and nursing costs from the final injury
- Funeral, burial, and memorial expenses
- Compensation for the pain, suffering, and lost income your loved one experienced before passing
- Financial loss to the estate
- Loss of the society, companionship, and services your loved one provided
(Source: Oregon Revised Statutes 30.020, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html)
No amount of money equals a human life. But these damages can lift a heavy weight off grieving families and let them focus on healing instead of bills.
What to Do When There Has Been a Wrongful Death
In the immediate aftermath, the legal process is probably the last thing on your mind, and that’s completely understandable. But a few early steps can protect your family’s right to seek justice for the deceased. Keep any documents related to the accident and your loved one’s care. Hold onto medical records and bills. And reach out to an attorney sooner rather than later, because Oregon generally requires wrongful death claims to be filed within three years of the injury that caused the death, with shorter deadlines in certain situations. (Source: Oregon Revised Statutes 30.020, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html)
When you work with us, we handle the legal heavy lifting, the investigation, the paperwork, and the negotiations with insurance companies, so your family can grieve and recover.
You Don’t Have to Face This Alone
At Youd Law, we treat every family we represent with patience, honesty, and genuine compassion. Lance D. Youd and his team have helped Oregonians through some of the worst moments of their lives, and we’re ready to stand with you, too. We work on a contingency fee basis, which means no recovery, no fee, so there’s no financial risk in simply learning where you stand.
If you’ve lost someone because of another’s negligence, we invite you to reach out for a free, no-pressure case review. Let us carry the legal burden while you focus on what matters most. Contact us today to talk with someone who truly cares.