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Did you recently lose a loved one in an accident in Portland, OR? Our Portland wrongful death attorney can help you hold the at-fault party responsible. Call Tillmann Law Personal Injury Lawyers at (503) 773-3333 for a free consultation today! We can help you achieve justice and financial stability after your loved one’s wrongful death.
Our attorney has nearly two decades of experience in personal injury law cases including Portland truck accidents, slip and fall cases, motorcycle accidents brain injury cases, and more.
Contact us today, We work on contingency. That means we don’t charge attorney fees unless we recover a settlement or verdict on your behalf.
How Tillmann Law Personal Injury Lawyers Can Help With Your Wrongful Death Claim in Oregon
It may feel like your life has been turned upside down after losing your loved one in an accident. You may have significant medical expenses as well as funeral and burial costs. You may also have also lost financial support and security in the wake of the loss. You deserve justice if another party is liable for your loved one’s death.
A Portland personal injury Lawyer can help you seek closure and financial damages through a wrongful death claim. Aaron Tillmann of Tillmann Law Personal Injury Lawyers has almost 20 years of experience in personal injury and wrongful death law. He’s been recognized by many top legal organizations, including Super Lawyers Magazine and The National Trial Lawyers Top 100 Trial Lawyers.
When you hire us to represent your family in a Portland, Oregon wrongful death claim, we will:
- Explain your rights and options after your loved one’s death
- Investigate the accident to gather evidence and identify all liable parties
- Track and calculate all damages related to the wrongful death
- Consult with leading experts in finance, medicine, and other fields to prove your case
- Handle all communications and negotiations with other parties involved in the case
- Take care of all administrative aspects of you claim
- Bring your case to court to protect your family’s rights
Contact us today to schedule a free consultation with a Portland personal injury lawyer.
What is a Wrongful Death in Oregon?
Oregon law defines wrongful death as any death arising from the “wrongful act or omission of another.” Importantly, the act or omission must have qualified the victim to file a personal injury lawsuit had they survived.
Wrongful acts or omissions can include negligence-based cases, such as motor vehicle accidents, workplace accidents, and slip and falls, to name a few. They can include strict liability incidents such as dog bites and product defects. They can also include intentional acts like assault.
Who Can File an Action for Wrongful Death?
In Oregon, the personal representative of a victim’s estate is responsible for filing a wrongful death lawsuit. The surviving family members will likely be the ones who receive any damages recovered in the lawsuit. However, they are not generally not named in the lawsuit.
If the victim prepared a will before they died, the will would name the personal representative. If the victim did not have a will, the court would appoint someone to this role.
Our wrongful death lawyer in Portland can help you determine if and when you can file a wrongful death lawsuit. Contact us today to schedule a free consultation to discuss your rights.
How Do I Know if I Have a Wrongful Death Case?
You might not have been present in the accident that killed your loved one. Therefore, you might be uncertain whether you have a wrongful death case.
However, if your loved one died in an accident, and someone else is responsible for the accident, you potentially have a wrongful death claim. You may also have a wrongful death claim if someone intentionally killed your loved one.
The best way to determine if you have a wrongful death case is to consult an experienced personal injury lawyer in Portland. Our attorney at Tillmann Law Personal Injury Lawyers would be happy to explore your rights and options.
We Handle All Types of Wrongful Death Actions in Portland
Wrongful deaths can occur in almost any type of accident.
However, it can be harder to prove some wrongful death cases than others, depending on how your loved one died.
At Tillmann Law Personal Injury Lawyers, we handle all types of wrongful death actions in Oregon, including those involving:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Uber & Lyft Accidents
- Medical Malpractice
- Boating Accidents
- Workplace Accidents
- Construction Accidents
- Product Defects
- Dog Bites
We offer contingency fee arrangements to all wrongful death clients. This means you won’t pay any attorney fees unless we recover compensation for you first. This fee structure keeps you from worrying about whether you can afford legal representation in an already-difficult time.
Contact us today to schedule a free consultation with a wrongful death attorney in Portland to learn how we can help.
What Types of Damages Are Available in a Case of Wrongful Death?
A wrongful death action allows surviving family members to seek compensation for losses related to their loved one’s death.
These damages may not bring your loved one back, but they can defray the financial burdens caused by their passing.
Oregon allows a victim’s estate to recover money for:
- The victim’s funeral/burial expenses
- Medical expenses to treat the victim before their death
- Lost wages, benefits, and support resulting from their death
- The victim’s pain and suffering before their death
- Loss of society, companionship, and services rendered to the family
Damage Caps and Punitive Damages
Importantly, non-economic damages are capped at $500,000 in Oregon wrongful death cases. There are no caps for economic damages.
In some cases, punitive damages may be available. Rather than compensate the estate/surviving family members, punitive damages serve to punish a defendant for gross negligence or intentional misconduct.
Our legal team can help you understand the value of your case during a free initial consultation. Contact our law firm in Portland to learn more.
What if My Loved One is Being Blamed for their Accident?
You can still recover damages even if your loved one was partially at fault for their accident. Oregon has modified comparative fault laws. If your loved one was less than 51% responsible for their injuries, the estate can pursue compensation. The damages will be reduced to account for the victim’s share of fault.
If your loved one was 51% or more responsible for their injuries, Oregon law prohibits the estate from recovering any compensation. This is known as a 51% bar.
Insurance companies and other defendants like to use the comparative fault rules to avoid liability for wrongful death. Therefore, they often blame victims even when they bear no fault for their accidents. An experienced Portland personal injury lawyer can protect you from unfounded accusations of comparative fault.
How Long Do I Have to File a Wrongful Death Lawsuit in Oregon?
You won’t have unlimited time to pursue a wrongful death action after your loved one’s death. Oregon typically gives you three years from the date of the victim’s injury to initiate the lawsuit. This time limit is known as the statute of limitations.
If you fail to file your claim by the deadline, you will be barred from recovering compensation.
You may have more or less time to file a claim depending on the circumstances. That’s why it’s always important to consult a skilled attorney for help determining the statute of limitations in your case.
Contact an Experienced Portland Wrongful Death Lawyer for a Free Case Review
You may be grieving your loved one’s loss. However, it’s important to act promptly to preserve your right to file a wrongful death suit. The money you recover can make all the difference in the world to helping your family move forward.
Our Portland wrongful death lawyers at Tillmann Law Personal Injury Lawyers can provide the skilled representation you need for your case. We’ll provide a sympathetic advocate who is not afraid to take on big defendants to protect your family.
Contact our Portland law office today to schedule your 100% free case consultation. We’re standing by to help you.
What Our Portland Wrongful Death Clients Are Saying About Us
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Visit Our Personal Injury Law Office in Portland, OR
Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905 Portland, OR.
(503) 773-3333
Hours: Open 24/7
Our personal injury law firm in Portland, OR also provides:
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- Car Accident Lawyers in Portland, OR
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- Wrongful Death Lawyer in Portland, OR
Filing a Wrongful Death Claim in Portland, Oregon
Under ORS Chapter 30 (ORS 30.020), a personal representative of the deceased can bring a Portland wrongful death lawsuit on behalf of surviving family members. Oregon gives you three years from the date of death to file, and recoverable damages can include medical and funeral expenses, lost income and financial support, and loss of companionship. Wrongful death claims often arise from car accidents, truck accidents, and medical malpractice, and sometimes accompany a catastrophic brain injury claim. Our legal team can help you understand the value of your case during a free initial consultation. Contact our law firm in Portland to learn more about Oregon personal injury claims.
