Understanding Wrongful Death Claims in Oregon: What Families Need to Know

If your loved one died due to someone else’s wrongful actions, your family may be able to pursue a wrongful death claim. The wrongful death lawyers at Schauermann Thayer are here to work for you and help you navigate this process. We will listen to you with compassion and take the time to learn about your family’s situation

What is a “Wrongful Death” Claim?

A claim for wrongful death may be brought when the death of a person is caused by the wrongful act or omission of another.

Who Can Bring a Claim for Wrongful Death in Oregon? 

Under Oregon law, the personal representative of the deceased person is the one who has the ability to maintain an action for wrongful death for the benefit of certain family members of the decedent. The personal representative is typically named in the will of the decedent. If there is no named personal representative, the court would need to appoint one, and then the person named would proceed with the wrongful death claim.

How Long Does My Family Have to Pursue a Wrongful Death Claim in Oregon?

Multiple time limitations may apply to wrongful death claims, including some that are shorter than three years.  It is important to consult with a wrongful death attorney to determine which may apply to your situation. In general, wrongful death claims must be brought within either three years of the death, or the longest period for commencing an action under an applicable statute of ultimate repose. Oregon law applies the discovery rule to the statute of limitations in wrongful death cases. In other words, the action must be brought within three years from the time that a person discovers or reasonably should have discovered that the injury/conduct caused the death of the decedent. Wrongful death claims involving a public body require submission of a tort claim notice within one year.

How Are the Proceeds of a Wrongful Death Case Disbursed and Apportioned?

Under Oregon law, distribution and apportionment of any settlement or judgment in a wrongful death claim is governed by statute. Oregon law allows the beneficiaries to agree amongst themselves on how to divide the proceeds of the claim. If the beneficiaries of a wrongful death claim cannot agree on apportionment, the probate or trial court would apportion a wrongful death award or settlement to the beneficiaries in accordance with the losses that each one suffered. 

Contact an Oregon Wrongful Death Law Firm Today

Learn more about your legal rights by contacting the Oregon wrongful death lawyers at Scahuermann Thayer. You can schedule a free initial consultation with one of our wrongful death attorneys by calling us today at 360-695-4244.