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September 23rd, 2024 Losing a loved one is never easy, but when their death is caused by someone else’s negligence or intentional harm, the pain can be even more devastating. In such cases, filing a wrongful death lawsuit may be the best way to seek justice and compensation for your loss.
However, it’s important to understand that the success of your claim depends on several factors, and “winning” may look different for each case. The outcome of your lawsuit will be influenced by the specific circumstances surrounding your loved one’s death, the strength of your evidence, and the legal strategies employed by your attorney.
In this article, we’ll discuss the key elements that can impact your chances of winning a wrongful death suit.
Proving the defendant’s negligence or intentional actions caused your loved one’s death is key to a wrongful death lawsuit.
Negligence occurs when someone fails to exercise reasonable care, resulting in harm to others. In a wrongful death case, you must show that the defendant owed a duty of care to your loved one, breached that duty, and caused their death as a result.
Intentional harm, on the other hand, involves a deliberate act that leads to death, such as assault or murder.
Proving causation is crucial in a wrongful death case. You must demonstrate that the defendant’s actions or inaction directly led to your loved one’s death. This can be challenging, especially if there were other contributing factors.
To build a strong case, you’ll need to gather evidence that supports your claim. This may include witness statements, medical records, police reports, and expert testimony. The more compelling your evidence, the higher your chances of success.
Not everyone is eligible to file a wrongful death lawsuit. In Oregon, the following parties may bring a claim:
If the deceased had no surviving spouse, children, or parents, the personal representative of their estate may file the lawsuit on behalf of the estate and any beneficiaries.
The amount of compensation you can receive in a wrongful death settlement depends on various factors, including:
Economic damages are quantifiable losses, such as:
Non-economic damages are more subjective and include:
Other factors that can impact the settlement amount include:
Filing a wrongful death lawsuit can be complicated and time-consuming. We recommend working with our experienced personal injury attorneys to handle this process for you.
In Oregon, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of death (ORS 30.020). However, there are some exceptions, so consult with an attorney as soon as possible.
Wrongful death cases can be challenging, especially while grieving the loss of a loved one. Our experienced wrongful death attorney can help you:
In many cases, wrongful death claims are settled out of court through negotiations with insurance companies or the defendants. Our attorneys will work to secure a fair settlement that compensates you for your losses and holds the responsible parties accountable.
To increase your chances of winning a wrongful death lawsuit, consider the following strategies:
The strength of your evidence can make or break your case. Work with your attorney to gather all relevant evidence, including expert testimony, to support your claim.
It’s essential to demonstrate the full extent of your damages, including both economic and non-economic losses. This may require expert testimony from economists, mental health professionals, and other specialists.
Defendants may try to avoid liability by raising defenses such as comparative negligence (arguing that the deceased was partially at fault) or assumption of risk (claiming that the deceased knowingly engaged in dangerous activities). Your attorney will work to counter these defenses and protect your rights.
The timeline for a wrongful death lawsuit can vary depending on several factors, including the complexity of the case and the willingness of the parties to settle.
Some factors that can impact the duration of your case include:
On average, wrongful death cases can take anywhere from several months to a few years to resolve. However, each case is unique, and the timeline can vary significantly.
While it’s understandable to want a quick resolution, it’s important to balance speed with the need for fair compensation. Your attorney will work to secure the most favorable outcome for you and your family.
If your wrongful death claim is successful, you may receive a settlement or jury award. It’s essential to understand how these funds are distributed and the potential tax implications.
In most cases, the defendant’s insurance company will pay the settlement or jury award. If the defendant is uninsured or underinsured, you may need to pursue other avenues for compensation.
The distribution of wrongful death settlement funds depends on several factors, including:
Generally, wrongful death settlements are not taxable as income at the federal level. However, there may be some exceptions, and state tax laws can vary. Consult with a tax professional to understand the specific implications for your case.
Losing a loved one due to someone else’s negligence or intentional harm is a tragic and life-altering experience. While no amount of money can bring back your loved one, a successful wrongful death lawsuit can provide a sense of justice and help secure your family’s financial future.
If you’ve lost a loved one in Oregon due to wrongful death, our compassionate and experienced attorneys at Hess Injury Law are here to help. We understand the challenges you’re facing and will work to protect your rights and seek the compensation you deserve.
Contact Hess Injury Law today to schedule a free consultation.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
