The unexpected death of a loved one can have a profound effect on family members. Wrongful death can result from an intentional act or another party’s negligence or recklessness. Understanding wrongful death damages in Oregon can be complicated because there are many different rules and laws that might apply. An experienced Oregon wrongful death attorney can help families understand their rights and remedies. Contact the D’Amore Law Group today. Contact us today at 503-222-6333 to discuss your case and learn how we can help you.
Key Takeaways
Oregon statutory law governs who can file a wrongful death lawsuit. In Oregon, the personal representative of the victim’s estate can file a claim on behalf of the estate for the benefit of the victim’s surviving family members. In many cases, a person’s will designates a personal representative. The probate court can also appoint a personal representative if the decedent did not designate one.
Oregon law allows certain people related to the decedent to benefit from a wrongful death lawsuit. Typically, the following individuals can recover wrongful death compensation:
In Oregon, individuals may also be able to benefit from a wrongful death settlement if they can inherit from the decedent’s estate under the state’s intestacy laws.
Losing someone you love can leave you overwhelmed and unsure of what to do next. It’s completely normal to feel confused about whether you have a wrongful death case or what damages may apply. This page is here to gently guide you toward the clarity you deserve. You don’t have to navigate this on your own.
Under Oregon law, a wrongful death is a death caused by the wrongful act or omission of another when the act or omission would have permitted the victim to file a personal injury lawsuit if they survived. The event leading to a wrongful death may involve criminal prosecution, but wrongful death lawsuits are civil actions separate from any criminal proceedings. These actions can stem from various situations, such as medical malpractice, car accidents, product liability claims, and nursing home abuse or neglect.
Wrongful death lawsuits and personal injury claims follow the same underlying negligence laws. However, in wrongful death claims, the victim has died, so the losses at issue are the losses sustained by the decedent’s estate. In personal injury lawsuits, the losses a person is compensated for are the bodily injury and financial losses they suffered.
Under Oregon law, a personal representative can file a survival action in cases where the decedent died after a lawsuit started or at some point between the negligent conduct and filing the lawsuit. In these cases, the personal representative seeks compensation for the damages the decedent experienced between the time of their injury and their death. There is one key difference between a wrongful death lawsuit and a survival action. A wrongful death lawsuit addresses conduct that caused the victim’s death, while a survival action can involve conduct unrelated to the person’s death.
Damages refer to any losses a plaintiff claims in a personal injury or wrongful death lawsuit. In a successful wrongful death claim, the court will award damages to the decedent’s estate to compensate surviving family members for various losses. Oregon law permits a personal representative in a wrongful death lawsuit to seek recovery for economic and noneconomic damages. In rare cases, the court may award punitive damages.
Economic damages refer to objectively quantifiable monetary losses. In Oregon, economic damages may be awarded for reasonable charges incurred for the following:
Compensation for pecuniary loss to the decedent’s estate can also be recovered. An experienced wrongful death attorney can help you understand wrongful death damages, what is available, and how it is awarded.
Most families facing a potential wrongful death claim feel uncertain, and that’s completely understandable. Learning about available damages and how claims are evaluated can bring much-needed direction during a difficult time. You don’t need all the answers right now—taking it one step at a time is enough.
Noneconomic damages are subjective losses that are harder to calculate but often exceed economic damages. Some examples of noneconomic damages that can be recovered in a wrongful death lawsuit include injuries the victim suffered before their death, such as:
In addition, Oregon law permits just, fair, and reasonable compensation for the decedent’s spouse, children, stepchildren, parents, and stepparents for the loss of the decedent’s companionship.
Unlike economic and noneconomic damages, punitive damages serve to punish the wrongdoer for their conduct. Oregon permits punitive damages to be recovered in a wrongful death lawsuit if the decedent would have been entitled to recover them if they had lived.
Establishing and calculating damages is complex because it often requires quantifying subjective losses. An experienced Oregon wrongful death attorney can work with their clients and experts, such as economists and actuaries, to calculate wrongful death damages. It is important to note that Oregon caps noneconomic damages at $500,000. This cap does not apply to economic or punitive damages.
In Oregon, you have three years to file a wrongful death lawsuit. This means you must start the legal process within three years from the date of death to keep your claim valid. It is important to note the date of final injury may be different from the date of death. That means there might be less time than you think to file a wrongful death claim.
There are a few exceptions to Oregon’s wrongful death statute of limitations. The most common exception involves the discovery rule. Under this exception, a personal representative may file a claim after the statute of limitations has passed if a party could not reasonably be expected to have learned of the actual cause of death until the decedent’s death occurred.
If you recently lost a loved one due to someone else’s negligent or intentional action, reach out to D’Amore Law Group for immediate assistance. With more than 30 years of experience and over 2,000 cases handled, D’Amore Law Group is committed to helping you and your family pursue the compensation you need to move forward. Our compassionate wrongful death attorneys will fight to protect your family’s rights and hold the party responsible for your loved one’s death. Contact us today to schedule a free consultation.
If you’re unsure whether you have a wrongful death case or what damages might apply, you’re not alone—many families feel this way after an unexpected loss. What matters most right now is giving yourself permission to understand your options without pressure or urgency. You can ask questions, share what happened, and receive guidance that helps you see the path ahead more clearly. There’s no obligation and no expectation—just space to breathe and learn. Taking this step can bring comfort, direction, and peace of mind during a very difficult time. Whenever you feel ready, clarity is here for you.
100% Free ConsultationFamilies may seek compensation for both the financial losses and the emotional impact caused by a loved one’s death. This can include loss of income, loss of companionship, funeral expenses, medical costs prior to passing, and the emotional toll the event has taken on the family. Each case is unique, and damages are evaluated based on the specific circumstances surrounding the death.
Compensation is determined by looking at factors such as the loved one’s earning history, the financial contributions they provided, the emotional relationship with surviving family members, and the impact the loss will have on the family’s future. The goal is to provide meaningful recovery that reflects both tangible and intangible losses.
Typically, immediate family members—such as spouses, children, or parents—may pursue a wrongful death claim. In some cases, other dependents or representatives may also have the ability to file. Because every family structure is different, it’s helpful to speak with an experienced wrongful death attorney who can explain your options.
Economic damages include measurable financial losses such as medical bills, funeral costs, lost wages, and loss of future financial support. These damages help replace the income and benefits the loved one would have provided if the tragedy had not occurred.
Non-economic damages reflect the emotional impact of the loss. These often include loss of companionship, emotional suffering, grief, and the profound life changes caused by an unexpected fatal accident. Although these losses cannot be measured with receipts, they are often among the most significant parts of a claim.
The settlement amount can depend on the loved one’s age, earning capacity, family relationships, the severity of negligence involved, and the emotional and financial impact on the surviving family. Insurance coverage limits and the strength of the evidence also play important roles.
Some cases settle within several months, while others—especially those involving disputes about liability or damages—may take longer. A wrongful death attorney works to move your case forward efficiently while ensuring your family receives the full compensation it deserves.
Helpful evidence can include medical records, accident reports, witness statements, financial documentation, proof of income, and information that demonstrates the emotional and relational impact on the surviving family. The stronger the evidence, the clearer the picture of the full extent of the loss.
Insurance companies assess liability, the financial impact of the death, and the emotional damages involved. They often attempt to minimize the value of the claim, which is why many families choose to work with a wrongful death lawyer who can protect their rights and negotiate for a fair recovery.
An attorney helps families navigate the complex claims process, gather evidence, negotiate with insurance companies, and pursue maximum compensation. They also provide support during an emotionally overwhelming time, allowing families to focus on healing while a legal professional handles the details.
