Oregon channels wrongful death claims through the estate, which surprises many grieving families.
Who May Bring the Claim
Under ORS 30.020, a wrongful death action is brought by the personal representative of the deceased's estate on behalf of statutory beneficiaries — typically the spouse, children, and parents. The estate must usually be opened in probate first.
Recoverable Damages
Oregon allows recovery for medical and funeral expenses, the deceased's lost earnings and the financial support beneficiaries would have received, and the loss of the society, companionship, and services of the deceased. Conscious pain and suffering before death may also be recoverable.
The Deadline
The statute of limitations is generally three years for most wrongful death claims under ORS 30.020, measured in most cases from the date of death. Claims against public bodies still require timely tort claim notice.
Have questions about your own situation? Get a free, confidential case review — you pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.