Eugene Wrongful Death Lawyer
Losing a loved one is always a difficult and traumatic experience, but when that loss was caused by someone else's negligence or wrongdoing, the pain can be even more unbearable. In Eugene, OR, wrongful death cases occur more frequently than one would like to imagine. In such situations, seeking the help of an experienced Eugene wrongful death lawyer or attorney is vital.
At Strong Law Attorneys, we understand the emotional and financial impact that a wrongful death can have on families. Our legal team is committed to helping clients pursue justice and compensation for their losses. In this blog post, we will discuss what constitutes wrongful death in Eugene, OR, and why choosing a Strong Law Attorney can make all the difference.FREE CONSULTATION
What is Wrongful Death in Eugene, OR?
Wrongful death in Eugene, OR, occurs when a person dies due to another person’s negligence, recklessness, or intentional action. Wrongful death can arise from various circumstances, including medical malpractice, car accidents, workplace accidents, defective products, and more.
Under Oregon law, the following individuals may file a wrongful death claim:
- Surviving spouse or domestic partner
- Children of the deceased person
- Parents of the deceased person
- A personal representative of the deceased person’s estate.
Suppose you believe someone else’s negligence caused your loved one’s death. In that case, speaking with an experienced Eugene wrongful death attorney is crucial as soon as possible.
Wrongful Death Laws in Eugene, OR
Overview of Oregon’s Wrongful Death Laws
Oregon’s wrongful death laws are designed to provide a legal avenue for family members to seek compensation for the financial and emotional losses they have suffered due to the death of a loved one. The law recognizes that when someone dies as a result of another party’s wrongful act or negligence, it can cause significant harm to their surviving family members.
Oregon Revised Statutes (ORS) Section 30.020 outlines the state’s wrongful death law. The statute specifies that a wrongful death claim can be filed when a person dies as a result of another party’s wrongful act, neglect, or default. The statute defines “wrongful act” as any act, omission, or neglect that would have entitled the injured person to file a personal injury claim if they had survived.
In order to bring a wrongful death claim in Oregon, the claimant must show that the defendant’s wrongful act or negligence was the cause of the death. This can be established through evidence such as witness testimony, medical records, and accident reports.
Eligibility Requirements to File a Wrongful Death Claim
In Oregon, certain family members are eligible to file a wrongful death claim. These include the surviving spouse, children, parents, and any other person who is financially dependent on the deceased. If the deceased had no surviving family members, the personal representative of the deceased’s estate may file the claim.
Statute of Limitations for Filing a Wrongful Death Claim
It is important to note that there is a statute of limitations for filing a wrongful death claim in Oregon. The statute of limitations for wrongful death claims is three years from the date of the deceased’s death. This means that if you do not file a claim within three years of the death, you may lose your right to recover compensation.
It is important to work with an experienced Eugene wrongful death attorney to ensure that you meet all of the eligibility requirements and file your claim within the statute of limitations. At Strong Law Attorneys, our skilled attorneys will guide you through the legal process, help you understand your rights, and ensure that your claim is filed correctly and on time.
Causes of Wrongful Deaths in Eugene, OR?
There are many causes of wrongful deaths, but the most common ones include:
- Medical Malpractice: Medical malpractice occurs when a healthcare professional’s negligence or wrongdoing causes a patient’s death. Common examples include misdiagnosis, surgical errors, medication errors, and failure to diagnose.
- Car Accidents: Car accidents are a leading cause of wrongful deaths in the United States. Drivers who are drunk, distracted, or reckless can cause fatal accidents that could have been prevented.
- Workplace Accidents: Workers in high-risk occupations, such as construction workers, factory workers, and miners, are more likely to suffer fatal injuries on the job. Employers have a duty to provide a safe working environment for their employees, and if they fail to do so, they can be held liable for any resulting deaths.
- Defective Products: When a product is designed, manufactured, or marketed in a way that makes it unsafe, it can cause serious injuries and even death. Manufacturers have a responsibility to ensure that their products are safe for consumers to use.
- Nursing Home Abuse and Neglect: Elderly residents in nursing homes can suffer fatal injuries due to abuse, neglect, and inadequate care. Nursing homes have a legal obligation to provide a safe and healthy environment for their residents.
- Intentional Acts: In some cases, wrongful deaths are caused by intentional acts, such as assault, battery, or homicide. In such cases, the responsible parties can be held criminally liable and may also face civil liability for damages.
If you have lost a loved one due to any of these causes, it is important to speak with an experienced Eugene wrongful death attorney to determine if you have a legal claim. A wrongful death claim can help you recover compensation for your losses and hold the responsible parties accountable for their actions.
Recovering Damages in Cases of Wrongful Death
Recovering damages after a wrongful death can be a complex process, but it is important for the surviving family members to receive the compensation they deserve. Damages that can be recovered in a wrongful death case include:
- Medical Expenses: If the deceased received medical treatment before passing away, the family can recover the cost of these medical expenses. This can include Doctors’ appointments, Surgeries, Follow-up appointments, Appointments with other medical professionals, and therapy expenses, including physical therapy, occupational therapy, cognitive therapy, and psychological therapy.
- Funeral and Burial Costs: The cost of funeral and burial expenses can be recovered in a wrongful death case.
- Lost Income: If the deceased was the primary breadwinner, the family can recover the income the deceased would have earned had they lived.
- Pain and Suffering: The surviving family members can recover damages for the pain and suffering they have endured due to the loss of their loved one.
- Loss of Companionship: The surviving family members can recover damages for the loss of companionship, love, and support they would have received from their loved one.
The amount of damages that can be recovered in a wrongful death case varies depending on the circumstances of the case. It is important to work with an experienced Eugene wrongful death lawyer to determine the appropriate damages to pursue.
At Strong Law Attorneys, we work tirelessly to ensure that our clients receive the compensation they deserve after a wrongful death. Our experienced attorneys will fight aggressively on your behalf to hold the responsible parties accountable for their actions.
We will work to build a strong case and negotiate with insurance companies and other parties to ensure that you receive the maximum compensation possible.
Why Choose Strong Law Attorneys?
At Strong Law Attorneys, we understand the emotional and financial impact that a wrongful death can have on families. Our legal team is committed to helping clients pursue justice and compensation for their losses.
Here are some reasons why you should choose us:
- 98% Win Rate: We have a success rate of 98% ensuring that our clients receive the compensation they deserve.
- Experienced Attorneys: Our team of Eugene wrongful death lawyers has a wealth of experience and knowledge in handling wrongful death cases. We will provide you with the legal guidance and support that you need during this difficult time.
- Personalized Attention: We treat each case as unique and give personalized attention to our clients. We will work with you to understand your specific needs and goals and develop a legal strategy that fits your case.
- Aggressive Representation: We are not afraid to take on insurance companies, corporations, or other parties that may be responsible for your loved one’s death. We will fight aggressively to ensure that you receive the compensation that you deserve.
- Compassionate Approach: We understand the emotional turmoil that you may be going through, and we will handle your case with sensitivity and compassion. We are here to support you every step of the way.
FAQs about Wrongful Death in Eugene, OR
We understand that you may have many questions and concerns. Here are some of the most frequently asked questions relating to wrongful deaths in Eugene, OR.
How long do I have to file a wrongful death claim in Eugene, OR?
In Oregon, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased person’s death.
What damages can I recover in a wrongful death case?
You may be able to recover damages for medical expenses, funeral and burial costs, lost income, loss of companionship, and more.
How can I prove that someone else’s negligence caused my loved one’s death?
To prove negligence, you must show that the defendant had a duty to exercise reasonable care, that they breached that duty, and that the breach caused your loved one’s death.
Can I still file a wrongful death claim if the person who caused the death was not criminally charged?
Yes, you can still file a wrongful death claim even if the person who caused the death was not criminally charged.