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October 21st, 2024
When someone’s life is cut short due to another’s negligence or wrongful actions, Oregon law provides a path for families to seek justice and compensation through wrongful death claims. However, these legal options come with a ticking clock – a strict time limit known as the statute of limitations.
Understanding this deadline is essential for anyone considering legal action after losing a loved one. Let’s unpack Oregon’s wrongful death statute of limitations and what it means for grieving families weighing their options.
In Oregon, wrongful death claims are governed by ORS 30.020. This statute defines wrongful death as a death “caused by the wrongful act or omission of another.” It’s important to note that not just anyone can file a wrongful death claim.
The law specifies that the personal representative of the deceased person’s estate must bring the action on behalf of the surviving family members.
The general rule in Oregon is that a wrongful death claim must be filed within three years. This might seem like a long time, but in the wake of a tragic loss, time can pass quickly as families grieve and try to adjust to their new reality.
Typically, the three-year period begins on the date of the deceased person’s death. However, there are situations where the start date might be different. For instance, if the cause of death wasn’t immediately apparent, the clock might start when the cause is discovered or reasonably should have been discovered.
While the three-year limit is the general rule, there are exceptions. For instance, if the deceased person had a valid personal injury claim at the time of death, the statute of limitations for that claim might apply instead. This could potentially extend the filing deadline.
Several factors can influence how the statute of limitations is applied in wrongful death cases:
As mentioned earlier, Oregon applies a “discovery rule” in some cases. This means that the statute of limitations may not begin until the plaintiff discovers, or reasonably should have discovered, the cause of action.
If a beneficiary of the wrongful death claim is a minor or is incapacitated, the statute of limitations may be “tolled” (paused) until they reach the age of majority or regain capacity. However, this doesn’t extend the overall deadline indefinitely.
If the defendant fraudulently concealed facts about their liability, the court might extend the statute of limitations. This prevents wrongdoers from benefiting from their deception.
When a wrongful death claim involves a government entity, different rules apply. Under the Oregon Tort Claims Act, notice must be given to the public body within one year for wrongful death claims. The actual lawsuit must then be filed within two years of the injury or loss.
In cases where the wrongful death is due to medical malpractice, the statute of limitations is generally two years from the date of injury or two years from when the injury was discovered or should have been discovered, with an absolute limit of five years from the date of treatment.
For wrongful death claims related to defective products, Oregon imposes a statute of repose. This means that regardless of when the death occurred or was discovered, no action can be brought more than ten years after the product was first purchased for use or consumption.
Filing a wrongful death claim after the statute of limitations has expired can have severe consequences. In most cases, the court will dismiss the case, barring the family from seeking compensation regardless of the merits of their claim.
This underscores the importance of acting promptly and seeking legal advice as soon as possible after a loved one’s death.
To ensure you don’t miss critical deadlines, consider taking these steps:
If you’re considering a wrongful death claim in Oregon, don’t let time slip away.
Contact Hess Injury Law today for a thorough evaluation of your case. Our experienced attorneys can guide you through the process, ensuring that your claim is filed within the required timeframe and that you have a chance of obtaining the compensation and closure your family deserves.
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.
