Who Can File a Wrongful Death Lawsuit in Washington / Oregon?

Your family may be able to pursue a wrongful death claim if a family member died in an accident or due to some other type of wrongful action. The wrongful death lawyers at Schauermann Thayer can fight for your family with compassion and understanding.

In both Washington and Oregon, wrongful death lawsuits must be brought by the personal representative of the deceased person’s estate. The claim is brought on behalf of, or for the benefit of, certain qualifying family members. The attorneys at Schauermann Thayer can help you understand the legal complexities that come along with wrongful death claims and assist in navigating the recovery process.

Wrongful Death Lawsuits in Oregon

If your loved one died due to someone else’s wrongful actions, your family would be entitled to financial compensation if you could prove that they were to blame for the death of your family member. Because of the loss that is involved, damages in a wrongful death case can be substantial. State law determines both who would file the wrongful death case and who could be a beneficiary entitled to receive proceeds if you win.

In Oregon, it would be the job of the personal representative to file the wrongful death lawsuit. The personal representative is usually the individual who is named in the deceased person’s will as the executor or administrator. A personal representative may also be appointed by the court if there are no documents that identify such a person. The personal representative would have responsibility for all matters involving the deceased person, including the ability to file the wrongful death lawsuit against the responsible party.

The personal representative acts on behalf of the family members who may be entitled to receive proceeds in the wrongful death case. Family members who may receive damages in an Oregon wrongful death case include:

• The surviving spouse
• The surviving children
• The surviving parents
• Anyone else who would have been able to receive an inheritance under the law

Oregon law allows the family members to agree amongst themselves on the distribution of the proceeds of the wrongful death case. After the personal representative pays for expenses relating to the case and medical care provided to the deceased, they would distribute the proceeds to the beneficiaries. If the family cannot agree on how the proceeds are to be divided, either the trial or probate court would allocate the money based on each individual’s loss, depending on when and how the case is resolved.

Wrongful Death Lawsuits in Washington

The law regarding who may file a wrongful death lawsuit in Washington is largely similar to that in Oregon. Again, the personal representative would be tasked with filing and taking actions regarding the case after they have been appointed by the court. In Washington, the following family members may be entitled to recover damages:

• A spouse or domestic partner
• Children
• Parents
• Siblings

If there are multiple beneficiaries, the court would apportion the proceeds based on the actual losses of each beneficiary if the family is not able to agree on a resolution.

Contact a Vancouver and Portland Wrongful Death Law Firm Today

To learn more about a potential wrongful death lawsuit, contact the experienced attorneys at Schauermann Thayer. We can review your case and let you know whether you have a potential cause of action and against whom it may be. You can schedule a free initial consultation with one of our wrongful death attorneys by visiting our website or by calling us today at (360) 818-2725.