Who Gets the Money in a Wrongful Death Lawsuit in Oregon?

Losing a loved one is never easy, especially when their death was caused by someone else’s negligence or wrongdoing. In such cases, the surviving family members may be entitled to compensation through a wrongful death lawsuit. But who exactly gets the money in a wrongful death lawsuit? Let’s take a closer look.

What Qualifies as a Wrongful Death Lawsuit in Oregon?

In Oregon, a wrongful death is defined as a death caused by the wrongful act or omission of another person or entity. This can include incidents such as:

• Car accidents caused by negligent drivers
• Medical malpractice resulting in fatal injuries
• Defective products that lead to deadly accidents
• Workplace accidents due to unsafe conditions

Essentially, any situation where someone’s negligence, recklessness, or intentional actions lead to the death of another person may qualify as a wrongful death under Oregon law.

If you believe that your loved one’s death may qualify as a wrongful death under Oregon law, consult with an experienced wrongful death attorney who can evaluate your case and help you understand your legal options.

Who Can File a Wrongful Death Lawsuit in Oregon?

Under Oregon law (ORS 30.020), the personal representative of the deceased person’s estate brings the wrongful death lawsuit on behalf of the surviving family members. The personal representative is typically named in the deceased’s will or estate plan.

If the deceased did not leave a will naming a personal representative, the court will appoint one. This is usually the surviving spouse or an adult child. If there is no spouse or children, the court may appoint a parent, sibling, or another suitable person as the personal representative.

What Types of Damages Are Awarded in Oregon Wrongful Death Cases?

In a successful wrongful death case, the surviving family members may be entitled to various types of damages, including:

Economic damages:

• Medical expenses related to the deceased’s final illness or injury
• Funeral and burial expenses
• Loss of the deceased’s income and future earning potential

Non-economic damages:

• Pain and suffering endured by the deceased before their death
• Loss of the care, comfort, and companionship of the deceased
• Emotional distress suffered by the surviving family members

In rare cases involving particularly egregious or reckless conduct, punitive damages may also be awarded to punish the responsible party and deter similar behavior in the future.

How Are Wrongful Death Settlements Paid Out?

In Oregon, wrongful death settlements are typically paid by the insurance companies of the at-fault parties to the personal representative of the decedent’s estate.

The personal representative is responsible for distributing the settlement funds to the beneficiaries according to Oregon’s wrongful death statute (ORS 30.020). Before the funds can be distributed, the court approves the settlement agreement and the proposed distribution of the funds to the eligible beneficiaries.

How Are Wrongful Death Lawsuit Proceeds Divided?

Under Oregon law, the personal representative of the decedent’s estate will distribute the wrongful death lawsuit proceeds to the following beneficiaries:

1. The decedent’s surviving spouse, surviving children, surviving parents, and other individuals who would be entitled to inherit the decedent’s personal property under Oregon’s intestate succession laws.
2. Any stepchild or stepparent of the decedent, regardless of whether they would be entitled to inherit the decedent’s personal property.

The proceeds are divided based on the following types of damages:

1. Reasonable charges necessarily incurred for medical services, burial services, and memorial services rendered for the decedent.
2. Compensation for the decedent’s disability, pain, suffering, and loss of income between the time of injury and death.
3. Pecuniary loss to the decedent’s estate.
4. Pecuniary loss and loss of society, companionship, and services suffered by the decedent’s spouse, children, stepchildren, stepparents, and parents.
5. Punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.

The court will determine the appropriate division of the proceeds among the eligible beneficiaries based on the specific circumstances of each case.

How Can an Oregon Wrongful Death Attorney Help?

A wrongful death lawsuit can be emotionally challenging for grieving family members. An experienced Oregon wrongful death attorney can help in many ways, including:

• Evaluating your case to determine if you have a valid wrongful death claim
• Identifying all potential sources of compensation, such as insurance policies
• Building a strong case by gathering evidence, interviewing witnesses, and consulting with expert witnesses
• Handling all the legal procedures, paperwork, and deadlines associated with your case
• Negotiating with insurance companies and at-fault parties to seek the maximum compensation for your family
• Representing your interests in court, if necessary, to fight for the justice and compensation you deserve

At Hess Injury Law, our wrongful death attorneys are here to guide you through this difficult time. We understand that no amount of money can ever replace your loved one, but we believe that holding the responsible parties accountable and securing financial resources for your family can help ease some of the burdens you face.

If you have lost a loved one due to someone else’s negligence or wrongdoing in Oregon, contact Hess Injury Law today for a free, no-obligation consultation. Our dedicated team will listen to your story, explain your legal options, and fight to protect your rights and pursue the compensation your family needs to move forward.

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.