Eugene Wrongful Death Lawyer

Several types of accidents could result in the wrongful death of a loved one. When negligence or intentional actions cause a loved one’s death, certain family members can file a wrongful death action against the defendant, usually through the decedent’s personal representative. The decedent’s estate can recover several types of damages in a wrongful death action.

If you lost a loved one because of another’s negligence or intentional actions, contact a Eugene wrongful death lawyer at Strong Law by calling (206) 741-1051 or visiting our website.

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Causes of Wrongful Death

People can be negligent in many ways, whether from the actions of a caregiver in a nursing home to the person who climbed behind the wheel when he or she was under the influence of drugs or alcohol. Some types of wrongful death lawsuits that we handle include:

Car Accidents

Car accidents are often caused by negligence. In some cases, a third party is negligent, such as a municipality that did not properly maintain the roads or another driver that caused someone to crash into your loved one. Vehicle manufacturers and auto technicians could also share the responsibility for a wrongful death action. A car accident lawyer will investigate your case to determine whether more than one defendant should share in the responsibility for your injuries.

Motorcycle Accidents

Motorcycle riders need to pay more attention to others on the road, if only because they do not have the same protections that someone in a car or truck has. When a motorcyclist gets into an accident, the consequences are sometimes deadly. The impact of the accident often throws a motorcycle rider many feet. Thus, the rider suffers injuries from the initial impact and the secondary impact of landing after being thrown through the air or skidding on the ground.

When choosing a wrongful death attorney, always choose a firm with experience in handling motorcycle accidents, too.

Pedestrian and Bicycle Accidents

Pedestrians and bicyclists also have no protection from negligent drivers. Even if pedestrians and bicyclists wear personal protective equipment, including long pants, helmets, and long sleeves, they could still suffer catastrophic injuries or death. While they have more options to get out of the way of on-oncoming, out-of-control vehicles, they cannot move faster than the vehicles.

Truck Accidents

Truck accidents often cause catastrophic injuries and death because of the size and weight of the truck. A fully loaded big rig could weigh up to 80,000 pounds. Overweight loads could weigh up to 100,000 pounds, and special overweight loads are even heavier. A truck driver is not always at fault for the accident. Sometimes other drivers cause a truck to wreck. At other times, a truck driver might wreck because of poorly maintained roads, manufacturer defects on the truck or trailer, or even because an auto mechanic installed a defective part.

Truck drivers can also wreck because the driver or his or her company does not properly maintain the truck or because a dispatcher “insists” that a driver deliver a load on time regardless of which laws he has to break.

During our investigation of a truck accident case, we will find out if those other than the truck driver should share in the responsibility for the loss of your loved one.

Nursing Home Abuse and/or Neglect

Abuse and neglect are common in residential facilities, including nursing homes. Actions or inactions – such as excessive restraints or withholding food or medications – could cause the death of a loved one. If you suspect abuse or neglect, you should always contact a Eugene wrongful death attorney – even when you are not sure if what you see is neglect or abuse.

Slip and Fall Accidents

Anyone could have a trip or slip and fall accident in any place, including retail establishments, friends’ homes, and even your own home. Property owners have an obligation to remove or repair hazardous conditions on their properties or warn visitors of the condition. Ice, uneven walkways, potholes in parking lots, uneven floors, weak or broken railings, and broken steps are all common causes of slip and fall accidents.

Medical Malpractice Incidents

Unfortunately, many medical malpractice incidents cause wrongful death. Common causes of medical malpractice include misdiagnosis, surgical errors, medication errors, and even infections caused by being in the hospital. When you suspect a medical professional or facility caused the death of a loved one, a wrongful death lawyer will investigate the incident to help you recover the compensation you deserve.

How a Wrongful Death Attorney Can Help

We understand that you are dealing with a lot right after the death of a loved one, and you do not have the emotional room to deal with a lawsuit. We also understand that money cannot bring a loved one back. However, it can significantly reduce the financial stress caused by the death of your loved one. Wrongful death lawyers in Eugene will investigate your loved one’s death and start gathering evidence of negligence or intentional wrong-doing as soon as possible.

Once we have the evidence, including medical records, witness statements, police reports, autopsies, and more, we will start negotiating with the defendants’ insurance companies. If the insurance company refuses a fair and reasonable offer, we will not hesitate to bring your case before the court to get the compensation you deserve.

When you retain a Eugene wrongful death lawyer, you hire a team of lawyers and other professionals to help you recover the compensation you deserve, whether the defendants were negligent, grossly negligent, or their actions were intentional.

When to File a Wrongful Death Action

If you suspect your loved one died because of the negligence of another person or entity, contact a wrongful death attorney as soon as possible. You could also have a wrongful death case if your loved one did not die immediately after an accident or incident. Sometimes, a person seems to be on the road to recovery when he or she takes a turn. If the accident or incident injuries caused the death of a loved one, even months later, you could have a wrongful death action.

You could recover compensation for the medical expenses and other damages your loved one incurred while trying to recover and for the death of your loved one.

Recovering Damages After a Wrongful Death

After a loved one dies because of an accident or accident injuries, you could recover compensation in the form of compensatory and punitive damages. The court orders compensatory damages in an attempt to make you whole again. However, the court orders a defendant to pay punitive damages as a punishment for his or her gross negligence or intentional behavior that caused the death of your loved one. Compensatory damages are comprised of economic damages and non-economic damages.

Economic Damages

Sometimes referred to as special damages, economic damages have a monetary value and include:

Medical Expenses

Even though your loved one died as a result of his or her injuries, you can still recover medical expenses for those incurred prior to his or her death. Medical expenses include:

  • Doctors’ appointments
  • Surgeries
  • Followup appointments
  • Appointments with other medical professionals
  • Therapy expenses, including physical therapy, occupational therapy, cognitive therapy and psychological therapy
  • Prescriptions
  • Ambulatory aids
  • Hand controls for vehicles
  • Upgrades to your home, including grab bars, ramps, and widened doorways.

Wages

You can recover wages lost for the time your loved one was out of work. Additionally, you can recover loss of future earning capacity. This amount is based on what your loved one would have earned up to his or her retirement date.

Personal Property

In some accidents, you can recover compensation to repair or replace personal property. For example, in a motor vehicle accident, you could recover compensation to repair or replace your vehicle and anything of value inside the vehicle, such as cell phones, computers, and even clothing you picked up from the dry cleaners.

Death-Related Expenses

You could also recover death-related expenses, including but not limited to funeral, burial and/or cremation expenses, probate court filing fees, and probate attorney fees and costs.

Non-Economic Damages

General damages, often referred to as non-economic damages, include:

  • Pain and suffering, including emotional distress
  • Loss of companionship and consortium
  • Inconvenience.

How to Recover Compensation After a Wrongful Death Accident

Once you win a settlement or trial award, the insurance company forwards a check to your attorney, who must deposit it into an escrow account. If your loved one had any outstanding medical expenses, the attorney would make sure those are paid. He also reimburses your loved one’s insurance companies for any medical care they paid on behalf of your loved one. He then deducts attorneys’ fees and costs.

The balance of the money must be deposited into your loved one’s probate account for the personal representative to distribute. If the attorney did not pay any debt your loved one incurred because of the accident but instead deposited the entire amount into the probate account, the personal representative must first pay all expenses and fees incurred in the wrongful death action, including medical expenses.

The personal representative then must distribute the money according to your loved one’s wishes or by agreement of the beneficiaries.

  • How long do I have to bring a wrongful death action?

    You have up to three years to bring a wrongful death action but should contact a Eugene wrongful death lawyer as soon as possible after your loved one’s death.

  • Who can file wrongful death actions?

    The surviving spouse, children, parents, or personal representative can bring a wrongful death action against the defendants.

  • How do I know if the death of a loved one is “wrongful?”

    If another’s negligence or intentional behavior caused the death of your loved one, you most likely have a wrongful death case.

  • How do I pay for a wrongful death lawyer?

    The initial case evaluation is always free and without obligation. We work on a contingency fee basis, so you only pay our attorneys’ fees if we win your case.

  • Do I have to retain a wrongful death lawyer to help me recover compensation?

    No. However, we strongly recommend that you retain a wrongful death attorney. Insurance companies will do anything to deny a claim or offer a pittance, because any claim they pay out decreases their profit. They have several tricks they use, including attempting to put the blame for the accident on the decedent.

Attorney Jed Strong

Attorney Jed StrongJed Strong is the founder of Strong Law. He knows that accident injuries can be devastating to individuals and families, so he does everything in his power to ensure his clients recover every bit of compensation they deserve. Prior to representing accident victims, Jed worked for GEICO insurance company as one of its in-house attorneys – representing the insurance companies. After learning the inner workings of insurance companies, he quit and began representing accident victims. [ Attorney Bio ]

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    “I hired Strong Law after my car accident. Jed and his team worked hard on my case. They were professional and compassionate through my surgery and as I recovered, and they were awesome on communication. I got justice and awesome compensation. I would recommend Strong Law to anyone in my situation.

    – Rick R.

    “I want to thank Jed and Tory of Strong Law for their outstanding help with my case. The attention to details and keeping me informed at all times made for a positive outcome. Thank you again for your help, determination, and hard work. I would not hesitate to recommend you to anyone in need of an excellent lawyer.

    – Jaretta O.

    “Unbelievable work! I had a claim involving my own insurance company. I tried to negotiate with them, and they completely denied my claim – two times. I then hired Strong Law, and the change was instant. The insurance company immediately began negotiating, and Jed was able to secure an unbelievably good settlement. I will never again attempt to take-on an insurance company without Strong Law in my corner. Thank you!

    – Jonathon S.

    “Absolutely outstanding! I was involved in a motorcycle accident and Jed led the way! Definitely top notch! When it matters, call strong law!

    – Edwin S.

    “While working a wrongful death case of my husband’s, throughout the legal process, Jed pursued every possible resource and angle to ensure that we would receive policy limits despite intense resistance from the representatives of the insurance companies. We are deeply grateful to him for the funds we received and the lasting friendship that grew out of the entire ordeal.

    – Cheryl.

    Contact Eugene Wrongful Death Attorneys

    If you believe your loved one died as a result of someone else’s negligence or intentional actions, contact Eugene wrongful death lawyers at Strong Law for a free case evaluation by calling (206) 741-1051 today.