Portland Wrongful Death Lawyers
Helping families in Oregon hold wrongdoers accountable for causing the death of a loved one
It’s traumatic to learn that your parent, child, or spouse died in an accident in Portland. It’s crushing to learn that the accident was preventable. At Philbrook Law Office, PS, we provide compassionate guidance for families when a relative dies in a wrongful death accident. Our Portland wrongful death lawyers understand the unique challenges involved in representing families when a loved one is not there to testify. We understand that no amount of compensation can bring your loved one back. Our lawyers work to honor your loved one by holding the people who caused your family to die accountable. We see the maximum compensation Oregon law allows for the family members.
How can we help?
- What is a wrongful death claim?
- Who can claim benefits in a Portland, OR wrongful death claim?
- What damages are awarded in wrongful death claims in Oregon?
- What types of accidents cause wrongful deaths in Portland, OR?
- What are the challenges in filing a wrongful death claim in Portland, OR?
- Do you have a Portland, OR wrongful death lawyer near me?
What is a wrongful death claim?
A wrongful death claim is a civil claim that holds individuals and companies liable when their negligence causes the death of a loved one. An Oregon wrongful death claim is brought by the personal representative of your loved one’s estate. The personal representative is generally an executor named in your loved one’s will. If your loved one did not have a will, the personal representative is the administrator approved by the local court to handle your loved one’s estate.
Oregon permits a wrongful death claim if your loved one could have filed a personal injury claim if he/she had survived the accident.
Generally, the personal representative has to file the wrongful death claim within three years from the date of the accident. Some shorter time limits and exceptions may apply. The best course of action is to contact our Portland wrongful death lawyers as soon as possible. It’s critical that we investigate the accident site quickly and speak with witnesses while their memories are fresh.
We understand how difficult it is for family members to think about filing a lawsuit after a family member dies. The grief is often unbearable. We fight to obtain the maximum compensation Oregon allows so that the wrongdoers pay for neglecting your loved one. The compensation helps honor your loved one by helping the family members fulfill your loved one’s dreams. The compensation can help pay the mortgage, living expenses, education costs, and other expenses.
Who can claim benefits in a Portland, OR wrongful death claim?
At Philbrook Law Office, we’ll explain which relatives qualify to receive the proceeds for the wrongful death action. Generally, the beneficiaries include the decedent’s
- Surviving spouse
- Surviving children
- Surviving parents
Other beneficiaries include:
- Any relative who would receive benefits under Oregon’s intestate succession law
- Stepchildren and stepparents
What damages are awarded in wrongful death claims in Oregon?
Under Oregon law, wrongful death damages include:
- The cost of the burial, the funeral, and the memorial services
- The reasonable charges for any hospital bills, doctor’s bills, or other medical services provided for your loved one
- Your loved one’s pain, suffering, loss of income, and disability – from the time of the accident until your loved one passed away
- The pecuniary loss to the estate
- The financial loss of each of the beneficiaries
- The loss of the “society, companionship and services of the decedent”
Our Portland wrongful death lawyers will handle any issues that involve children. Generally, any wrongful death case where a child is a beneficiary requires approval from a judge. Additionally, the funds on behalf of the child are usually placed into a trust or annuity for the child’s behalf until the child turns 18.
What types of accidents cause wrongful deaths in Portland, OR?
At Philbrook Law Office, we handle a broad range of accidents that may take the life of a family member including:
- Car, truck, and motorcycle accidents. Any vehicle accident can cause the death of a driver or passenger. Head-on crashes and broadside accidents are especially likely to be fatal. Truck accidents are often deadly because the size and mass of a car are simply no match for the size and weight of a truck. Motorcycle riders don’t have the protection of a hood, roof, trunk, or doors.
- Pedestrian accidents and bicycle accidents. Pedestrians and bicycle riders have no protection if they’re struck by a car or another vehicle. In most cases, it’s pure luck that a pedestrian or bicycle rider survives a vehicle crash.
- Premises liability accidents. Customers at hotels, retail stores, apartments, and many other businesses may have a wrongful death claim against the property owner if the customer dies due to falling, being struck by an object, being attacked, or for other reasons. Parents may be able to file a wrongful death on behalf of a child who drowns in a neighbor’s swimming pool.
- Construction work. Our Portland wrongful death lawyers file claims against construction companies that fail to protect drivers, pedestrians, and their own workers – from vehicle accidents, electrocutions, falls from heights, and other types of wrongful deaths.
- Product defects. At Philbrook Law Office, we file wrongful death claims when defective vehicle parts, machines, consumer goods, and products take the life of your loved one.
What are the challenges in filing a wrongful death claim in Portland, OR?
At Philbrook Law Office, we have the experience to handle the unique ways a wrongful death claim differs from a personal injury claim:
- The person who has the most information about the case, your loved one, can’t speak. There are rules that help ensure the defendants don’t speak about how the accident happened when your loved one can’t speak for themselves.
- There may be a companion criminal case. For example, if a drunk driver killed your family member, the police may bring DUI charges against a drunk driver. We help coordinate your civil case with the criminal case.
- Determining damages is different from a personal injury case. Instead of employers verifying a claimant’s lost income, we work with financial professionals who help place a value on a wrongful death claim by examining such factors as your loved one’s life expectancy and sources of income.
- Expectations. The beneficiaries may have different expectations about how much they’re entitled to.
Our Portland, OR wrongful death claims focus on the legal part of your case so you can focus on mourning and honoring your loved one.
Do you have a Portland wrongful death lawyer near me?
Philbrook Law Office meets the families of loved ones who died due to the fault of others at our Portland, Oregon office located at 107 SE Washington St. Suite 520. We also conduct phone and online conversations.
We’ll answer all your questions and explain how the wrongful death claims process works.
Contact Philbrook Law Office today when a loved one dies in an accident
At Philbrook Law Office, we understand just how crushing the loss of a spouse, children, or parent, is. Our Portland wrongful death attorneys are often able to settle wrongful death cases when the liability of the defendants is clear. Many wrongful death cases do settle for the insurance policy limits. Our lawyers are always ready to try your case in court if the insurance company officers are unreasonable. To schedule a consultation at one of our offices in Portland, OR; Vancouver, WA, or Battle Ground, WA, please call us or complete out our contact form. We handle wrongful death cases on a contingency fee basis.