Dedicated Portland Wrongful Death Attorneys Ready To Assist You
Also serving Oregon and Washington.
Tom D’Amore and his entire staff treated me with compassion, concern and understanding…
J. Nelson, Washington
The legal term “wrongful death” means simply that a death occurred due to a negligent, careless, or intentional act of another.
Wrongful death is the most catastrophic of personal injury claims. A wrongful death can be the result of a motor vehicle collision, the result of negligence in a hospital or nursing home, on a construction site—it can happen virtually anywhere. It is important to speak with one of our compassionate and experienced Portland Wrongful Death Attorney if a loved one has died in a wrongful death circumstance.
Making A Wrongful Death Claim In Oregon Or Washington
The victim’s family is often asked to sign a settlement with the wrongdoer’s insurance company – and sign it quickly. You could be signing away your legal rights and adequate compensation for your loss.
It is your legal right to ask an attorney to review the documents provided by the insurance company before you sign.
It can be very difficult to discuss seeking justice for a loved one’s wrongful death. All of the attorneys and staff at D’Amore Law Group will treat you with the respect and care that you deserve.
We Handle Wrongful Death Cases Involving All Types of Accidents and Causes
If you have lost a loved one under circumstances in which you believe that another person or a business is to blame for his or her death, it is important that you speak with an attorney. At D’Amore Law Group, we offer free initial consultations and our attorneys are more than happy to sit down with you and discuss your family’s legal rights. Sadly, cases of wrongful death are far more common than any of us would like to believe. And if you have any questions or concerns, you owe it to yourself to seek more information.
Our legal team represent families throughout Oregon and Washington in wrongful death claims involving all types of accidents and causes. This includes cases involving:
- Car Accidents – There are hundreds of fatal car accidents across Oregon and Washington each year. Most of these accidents are the result of driver negligence, including speeding, driving under the influence, and texting behind the wheel.
- Motorcycle Accidents – Motorcycle riders face risks every time they get in the saddle. While riders are entitled to share the road, drivers often overlook motorcycles and make other mistakes that lead to deadly accidents.
- Truck Accidents – Truck accidents have a disproportionately-high fatality rate when compared to other types of vehicle collisions, and it isn’t hard to see why. From truck driver negligence to maintenance issues and cargo loading errors, numerous factors can lead to fatal collisions.
- Pedestrian and Bicycle Accidents – Walking, running, and riding bicycles are ways of life for many Oregon and Washington residents. Unfortunately, each of these activities carries fatal risks when vehicles are nearby. We handle pedestrian and cyclist wrongful death claims involving bike lanes, intersections, and all other accident scenarios.
- Construction Site Accidents – Working in construction is a dangerous occupation, and companies’ safety violations can make it far more dangerous than it should be. If you have lost a loved one in a construction site accident, we can help you hold the at-fault party accountable for your family member’s wrongful death.
- Medical Malpractice – Medical malpractice is a leading cause of death in the United States. Misdiagnoses, delayed diagnoses, surgical errors, and other mistakes are all to blame for an alarming number of avoidable deaths each year.
- Nursing Home Neglect and Abuse – Neglect and abuse in nursing homes are alarmingly common as well. From abandonment to medication errors, and from falls to infections, many causes of premature death in Oregon and Washington homes are avoidable with proper care.
Contact Our Wrongful Death Lawyers In Portland, Lake Oswego, and Bend, Oregon, or in Vancouver, Washington.
Tom D’Amore and the compassionate, experienced lawyers at D’Amore Law Group are among the most well-regarded wrongful death lawyers in Oregon, Washington and California.
Recent wrongful death case results obtained by D’Amore Law Group
- $2 million dollar recovery against a negligent trucking company on behalf of a Tualatin, Oregon woman whose husband was killed when he was rear-ended by an 18-wheeler semi-truck operated by a truck driver under the influence of alcohol and illegal drugs
- $900,000 for the family of a Portland area teenager, killed in a head-on auto accident
- $850,000 recovery for the family of a Salem, Oregon nursing home resident who died as a result of extreme negligence
- $525,000 policy-limits settlement for the family of a Bend, Oregon man who was killed in a hit-and-run crash
- Confidential settlement for the widow of a Dallas, Oregon man who died after a hospital failed to diagnose his heart attack
Q&A with the Wrongful Death Attorneys at D’Amore Law Group
Q: When is a death considered “wrongful”?
In the simplest terms, a death is considered to be “wrongful” when it is the result of another person’s negligence or intentional misconduct. In other words, if the victim’s life could have been spared were it not for someone else’s action or inaction, then the victim’s family members will have a claim for wrongful death. Learn more in this video from lawyer Tom D’Amore: What is a Wrongful Death Lawsuit?
Q: Who can file a claim for wrongful death?
In Oregon, a wrongful death claim must be filed by the personal representative of the victim’s estate. Section 30.020 of the Oregon Revised Statutes provides:
“When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent . . . may maintain an action against the wrongdoer . . . .”
Section 30.020 also addresses the rights of stepparents and stepchildren, and subsequent sections of the Oregon Revised Statutes address how wrongful death damages are to be distributed among eligible family members. In Washington, the relevant statute (Section 4.20.020 of the Revised Code of Washington) states:
“Every [wrongful death] action shall be for the benefit of the wife, husband, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused. If there be no wife, husband, state registered domestic partner, or such child or children, such action may be maintained for the benefit of the parents, sisters, or brothers, who may be dependent upon the deceased person for support, and who are resident within the United States at the time of his or her death.”
Learn more from Tom D’Amore: Who Can File a Wrongful Death Suit?
Q: What is the statute of limitations for wrongful death claims in Oregon?
Oregon’s statute of limitations for wrongful death claims is somewhat complicated. As a general rule, a wrongful death claim must be filed within three years of the date of the fatal injury (which may or may not be the date of death). However, there are a number of exceptions that can extend the time to file in some circumstances.
Q: What is the statute of limitations for wrongful death claims in Washington?
In Washington, the statute of limitations for wrongful death claims is generally three years from the date of death. However, similar to Oregon’s wrongful death statute, Washington law contains some important exceptions as well.
Q: How do you prove a claim for wrongful death?
Proving a claim for wrongful death is similar to proving a claim for personal injury damages after a non-fatal accident. You need evidence to establish that someone else’s act or omission caused your loved one’s death, and this means that it is necessary to conduct a prompt and thorough investigation. Depending on the nature of your claim (e.g., whether your loved one died in a vehicle collision or as a result of a medical mistake), this may include conducting a forensic investigation at the scene of the accident, tracking down video footage, obtaining phone records or medical records, working with medical experts, and gathering evidence through various other means.
In addition to proving the cause of the accident, you will also need to prove the extent of your family’s losses. Among other things, this may include calculating medical expenses, lost earnings, and other direct out-of-pocket costs as well as placing an appropriate dollar value on your loved one’s pain, suffering, and emotional trauma prior to death. Certain family members may be eligible to recover compensation for their non-financial losses (e.g., loss of companionship) as well.
Q: What else do I need to know?
Dealing with a loved one’s unexpected and untimely death is an extremely difficult task that no one should be forced to endure. The recovery process will take time, and you will need to take care of yourself during the process. While filing a wrongful death claim isn’t easy, it is important. And at D’Amore Law Group, we will do everything in our power to make the process as straightforward and stress-free as possible.
Free Consultation With one of Our Skilled and Compassionate Wrongful Death Lawyers
If a loved one died in a wrongful death circumstance, please contact D’Amore Law Group for a free case consultation. A Portland wrongful death lawyer from Law Group is experienced, knowledgeable and concerned. Our law firm will stand by your side during this difficult time. We represent clients throughout Oregon, Washington, and California. Our offices are conveniently located in Portland, Vancouver, Lake Oswego, and Bend. Call our committed wrongful death law firm at 503-222-6333 or contact us online today.