What Are The Most Common Wrongful Death Claims?
Because wrongful death lawsuits must be proven by a preponderance of evidence rather than beyond reasonable doubt, as in the case of murder or manslaughter, it is usually easier to win a wrongful death lawsuit than it would be to convict the responsible party of murder or manslaughter.
If a loved one has fallen victim to one of these common wrongful death lawsuit causes, you may be eligible for a wrongful death lawsuit award.
Criminal Acts
When a preponderance of evidence demonstrates a criminal act caused the wrongful death of a loved one, it can be frustrating when the criminal standard of proof is not met.
Luckily, victims of criminal wrongful death have recourse: a civil wrongful death lawsuit. Justice should be served. Do not let your loved one’s life be lost in vain.
Automobile Accidents
Automobile accidents are a common cause of wrongful deaths.
Thanks to their immense weight and forces necessary to propel them at highway speeds, cars are some of the most dangerous tools people use.
When things go wrong with automobiles, they can go very wrong very quickly. After an auto injury fatality, it can be hard to think about next steps.
Call Veralrud and Fowler. They will help you understand your situation during your free consultation.
Truck Accidents
Commercial truck accidents can be catastrophic. When a semi accident or a log truck accident occurs, the results are often deadly.
No one ever wants to find themselves anywhere near an out-of-control truck. When the unthinkable happens, you do not want the responsibilities that accompany working with insurance companies regarding compensation.
Leave that up to a wrongful death attorney in Eugene.
Bicycle Accidents
Bicyclists are especially vulnerable to devastating injury on the road. Thanks to their exposure to the elements, bicyclists should exercise special caution around motor vehicles.
Most bicyclists understand this and do everything they can to stay safe. Tragically, sometimes their best efforts are not enough. That’s when you need to call a Eugene wrongful death lawyer.
Work-related Accidents
A workplace should be safe. Over the last hundred years, employers in the United States have made great strides in the area of workplace safety.
Scandals in the early 20th century such as the Triangle Shirtwaist Factory demonstrated the terrifying potential for a factory to become an abattoir for the hapless employee victims trapped in an unsafe workplace situation.
Though rare today, workplace accidents still happen. When they do, you need to call a wrongful death attorney.
Medical Malpractice
Medical malpractice is an obvious candidate for a wrongful death lawsuit.
Though it can be hard to prove a medical professional committed murder or manslaughter in a medical malpractice death, it is not nearly as difficult to demonstrate civil liability.
Products Liability
Was your loved one killed by a defective or dangerous product? Product liability wrongful death lawsuits are more common than you might think.
Contact a wrongful death lawyer today if you believe you have a dangerous or defective product wrongful death claim.
Can I Recover Punitive Damages Through A Wrongful Death Lawsuit In Oregon?
Yes. According to ORS 30.020, “damages may be awarded in an amount which… seperately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent would have lived.”
In other words, if your loved one would have survived the wrongdoer’s actions and then been entitled to file a lawsuit for punitive damages, a wrongful death lawsuit might be a possibility.
Have you lost a loved one as a result of a wrongful death? If so, it’s time that you hire the most qualified personal injury attorney Eugene has to offer.
Facing the wrongful death claims process without proper legal representation is risky at best and could be an absolute disaster if not handled properly.
Wrongful death law is complex and much of the claims process is time sensitive. Veralrud and Fowler would be honored to provide you with one of our highly successful Eugene personal injury attorneys.
The attorney you hire from our firm will work tirelessly to see that you and your loved ones receive the representation you deserve.
What Is The Process for Wrongful Deaths Claims in Lane County?
The first step you must take in the wrongful death claims process is to consider hiring the one of the most successful personal injury attorneys in Eugene.
In order to have a chance at a successful claim, you will likely require expert legal counsel. Wrongful death law is too complex for the average person to navigate alone.
The Eugene attorney you hire will be able to help you determine whether or not you have legal grounds to file a claim.
The spouse and children of the deceased without question have the right to file a wrongful death claim but other relations may not have the right.
In Oregon, the courts do allow, in certain cases, grandparents, step parents, and step children to file wrongful death claims.
Once it has been determined that your relationship to the deceased provides you with legal rights to pursue a wrongful death claim the next step in the claims process is to determine the amount that you will sue for.
While a monetary value can never be placed on a life this amount will go to provide for you and your family after the loss of your loved one.
The personal injury attorney in Eugene that you hire will gather the medical bills and expenses that accrued in order to ensure that you are reimbursed.
In addition you will have the right to be compensated for loss of love and companionship, funeral costs, burial costs, and pain and suffering.
All of these are crucial factors to consider when determining the final amount you will settle on for restitution.
After the damages have been calculated and a final amount settled on the defendant will have the option to pay the settlement amount.
If a settlement amount cannot be agreed upon then both parties will enter into the phase of the wrongful death claims process called discovery. This is where both parties legal counsel begin to build their cases.
Witnesses will be question while under oath or deposed and each side will have the right to request documents from the other in order to build their case.
Before the claim goes to trial both sides will enter into mediation for one last attempt to reach a settlement; if a settlement cannot be reached the claim will go to trial.
At trial both parties will present their case and a jury will make a final judgement.
Can I Sue For Hospital Costs?
Yes, you can.
ORS 30.020 says that “damages may be awarded in an amount which… includes reasonable charges necessarily incurred for doctors services hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent.”
In other words, almost all the costs involved with a wrongful death may be recoverable.
Can I Sue For Pain And Suffering?
Yes.
ORS 30.020 states “damages may be awarded in an amount which… would justly, fairly, and reasonably have compensated the dependent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death.”
In other words, the possibility exists to recover damages for pain and suffering your loved one suffered before death, along with lost income.
What Are "Pecuniary Losses"?
Pecuniary losses is a phrase you will often encounter in wrongful death law. Pecuniary simply means “of, relating to, or consisting of money.”
According to ORS 30.020, damages may be awarded in an amount which… would justly, fairly, and reasonably compensate for pecuniary loss to the decedent’s estate.”
This means that the amount of money that a family member likely would have added to the household over a normal lifetime can be recovered in a wrongful death lawsuit.
Can I Sue For The Pain and Heartache Of Our Family Members?
Yes.
According to ORS 30.020, damages may be awarded in an amount which… would justly, fairly, and reasonably compensate the decedents spouse, children, step-children, stepparents and parents for pecuniary loss and for the loss of society, companionship and services of the decedent.”
In other words, the court will take everything your loved one meant to you into account when accounting for the damages possible in a wrongful death lawsuit.
Should I Try To Bring My Own Eugene, Oregon Wrongful Death Lawsuit?
No. When you believe that the death of a loved one was caused by the wrongful action of another, it is time to contact a wrongful death lawyer.
An expert Eugene, Oregon wrongful death attorney like Veralrud and Fowler is a good choice.
They will evaluate your case and give you an honest opinion on what you might recover.
Remember, a wrongful death lawsuit must be filed within three years of the death except in very special circumstances.
Don’t waste precious time. Your loved one deserves justice. Give expert wrongful death lawyers Veralrud and Fowler a call today for your no-cost no-commitment consultation.
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