Our Medford Wrongful Death Lawyers Provide Compassionate, Diligent, and Unwavering Legal Representation for Medford Families
Coping with the death of a family member is never easy, but losing a loved one unexpectedly presents unique burdens. All of a sudden, there is a gaping, unfathomable hole in your life, and it is difficult to see how you will ever be able to return to normal. It is truly a tragic circumstance, and it is one that no family should be forced to endure. Sadly, however, it is far too common, and each year, families in Medford and throughout Oregon are forced to cope with loved ones’ wrongful deaths.
At D’Amore Law Group, our Medford wrongful death attorneys represent Medford families in wrongful death claims. If you have lost a loved one in a vehicle collision or work-related accident due to medical malpractice or nursing home neglect, or under any other circumstances in which someone else may be to blame, we invite you to schedule a free, no-obligation consultation. We will arrange for you to speak with one of our lawyers, one-on-one, and we will make sure you have all of the information you need to make informed decisions moving forward.
When Can Family Members in Medford, OR, File a Wrongful Death Claim?
The term “wrongful death” encompasses all circumstances in which an individual loses his or her life due to the negligence or intentional misconduct of another. If your loved one died under circumstances in which someone else may have been to blame, you should speak with a lawyer about your legal rights.
Oregon’s wrongful death statute refers to, “the wrongful act or omission of another.” Some examples of wrongful acts and omissions that can give rise to wrongful death claims include:
- Driving carelessly, recklessly, or while distracted or impaired
- Hiring untrained or unskilled employees, or failing to provide adequate supervision
- Committing workplace safety violations
- Failing to adequately maintain the safety of public premises
- Misdiagnosing a patient’s condition or failing to provide a timely diagnosis
- Committing surgical errors, medication errors, and other medical mistakes
- Committing acts and omissions that constitute nursing home neglect or abuse
How Long Do Family Members Have to File a Wrongful Death Claim?
Under Oregon law, family members have three years from the date of injury to file a wrongful death claim. This is important because the date of injury might not necessarily be the same as the date of death. For example, if an accident victim died after spending six months in a coma following a car accident, the statute of limitations would run from the date of the accident, not the date of death.
There are various other aspects of Oregon’s wrongful death statute of limitations that can raise questions about the timeliness of family members’ claims as well. As a result, if you have lost a loved one, we strongly recommend that you speak with a Medford wrongful death lawyer as soon as possible.
What Compensation Is Available to Family Members after a Fatal Accident in Medford, OR?
In wrongful death cases, eligible family members can recover compensation for various types of financial and non-financial losses. These losses include:
- Medical, burial, and memorial expenses
- The victim’s pain, suffering, and loss of income prior to death
- Financial losses incurred by the victim’s estate (e.g., loss of future earnings)
- Financial losses incurred by the victim’s spouse, children, stepchildren, stepparents, and parents (as applicable)
- Loss of society, companionship, and services suffered by the victim’s spouse, children, stepchildren, stepparents, and parents (as applicable)
Oregon’s wrongful death statute also allows for the recovery of punitive damages in appropriate cases. Punitive damages may be awarded if the liable party, “acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety, and welfare of others.” Examples of conduct that may justify a punitive damages award include things like driving under the influence and intentionally neglecting or abandoning a nursing home resident.
Do Wrongful Death Claims Settle?
Yes, in many cases, wrongful death claims do settle. When we evaluate your case, we will assess the likelihood of securing a settlement without taking your case to trial. Our dedicated Medford wrongful death attorneys will work diligently to negotiate a favorable settlement on your behalf, but we will also be prepared to go to court if a fair settlement offer is not on the table.
Speak with a Medford Wrongful Death Lawyer at D’Amore Law Group
Do you need to speak with an injury lawyer about filing a wrongful death claim in Medford, OR? If so, we encourage you to get in touch. To speak with one of our experienced Oregon wrongful death lawyers in confidence, please call (503) 974-3562 or request a free consultation online today.