Wrongful Death Attorney Gresham

Losing a family member or a loved one is one of the most painful and difficult life experiences anyone can go through. When a person dies due to the negligence or wrongful conduct of another, it can be devastating. Oregon law provides a legal process for surviving family members to file a wrongful death claim.

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^Who can bring a wrongful death claim?
^Wrongful death lawsuit beneficiaries
^Common questions in wrongful death lawsuits
^Choosing a wrongful death lawyer
^Time limits for filing a wrongful death claim

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First, let’s clarify what wrongful death is. Wrongful death is a legal term describing a situation in which a person dies due to the negligent actions or intentional actions of another person or entity. Wrongful death can occur due to fatal motor vehicle accidents, including:

Car Accidents
Pedestrian Accidents
Bicycle Accidents
Auto Accidents While at Work
Hit and Run Accidents
Trucking Accidents
Drunk Driving Accident/DUI
Texting/Distracted Driving Accidents

A wrongful death claim or wrongful death action is a civil lawsuit brought about by the surviving family members of the deceased person against the negligent party or parties responsible for the death.

Who can bring a wrongful death claim?

Under Oregon law, the personal representative of the deceased person’s estate must bring the wrongful death legal action or claim. The personal representative is typically appointed by the probate court and is responsible for managing the deceased person’s estate. The personal representative’s role is to act on behalf of the surviving family members, who are the beneficiaries of the wrongful death claim. The surviving family members who can benefit from a wrongful death claim include the deceased person’s spouse, children, parents, and other relatives who were financially dependent on the deceased person.

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Hit and Run Accidents

Driving Under the Influence (DUI)

Uninsured Motorist Accidents

Auto Accidents While At Work

Wrongful Death

Claims Against Insurance Companies

LAWSUIT BENEFICIARIES

Who Receives the Money Paid in a Wrongful Death Lawsuit?

The payment and proceeds of a wrongful death lawsuit are typically distributed among the surviving family members in proportion to their degree of loss. This means that the amount each family member receives depends on their relationship to the deceased person and the financial impact the death has had on their lives. For example, if the deceased person were a primary provider for their family and had a spouse and children, the spouse and children would likely receive a larger share of the financial settlement or judgment than other relatives who were not dependent on the deceased person.

In Wrongful Death Lawsuits

What is a wrongful death suit worth?

The value of a wrongful death suit depends on a variety of factors, including the deceased person’s age, earning potential, and the extent of their financial support for their family. Other factors that can affect the value of a wrongful death suit include the circumstances of the death, the severity of the negligence or misconduct that caused the death, and the emotional impact on the surviving family members. In some cases, punitive damages may also be awarded if the responsible party’s conduct was particularly egregious. Ultimately, the value of a wrongful death suit is dependent upon the specific facts and circumstances of the case and the financial damages suffered by the surviving family.

Are proceeds from wrongful death suits taxable?

In general, wrongful death settlements and judgments are not taxable as income under federal law. However, there are some exceptions to this, such as when the settlement or judgment includes compensation for lost wages or income. It is important to consult with a tax professional to determine the tax implications of a wrongful death settlement or judgment in your specific case.

How is damage calculated in a wrongful death claim?

Wrongful death damages are typically divided into two categories: economic and non-economic. Economic damages or monetary damages are the financial losses suffered by the surviving family members as a result of the death. This can include the cost of medical bills, funeral expenses, lost income, lost benefits, and the cost of services that the deceased person provided to the family, such as child care or household management. Non-economic damages, on the other hand, are intended to compensate the surviving family members for the emotional pain and suffering caused by the loss of a loved one. Non-economic damages may include financial compensation for loss of companionship, loss of guidance, and loss of consortium.

In Oregon, damages in a wrongful death case may also include punitive damages, which are intended to punish the responsible party for their conduct and to further deter others from engaging in similar behavior in the future. However, punitive damages are only available in cases where the responsible party acted with malice, oppression, or fraud.

How can our Gresham wrongful death attorneys help?

Filing a wrongful death lawsuit for compensation can be a complex legal process and emotionally challenging experience. Our skilled and knowledgeable wrongful death lawyers will help you navigate the complex legal system and ensure that your rights are protected. Following are some ways the personal injury attorneys at Bridge City Law can assist you during this difficult time:

1. 1. Consultation: The first step in filing a wrongful death claim is to schedule a consultation with a prospective attorney. Bridge City Law offers a no-fee, no-obligation initial consultation, where our compassionate attorneys will talk with you, review the circumstances of the death and determine whether you have a case.
  2. Investigate the Circumstances of the Death: If you decide to move forward with your case and work with one of our wrongful death lawyers, our legal team will begin the discovery process and investigate the circumstances surrounding the death. This may involve gathering evidence, interviewing witnesses, reviewing medical records, and gathering other evidence to support your case.
  3. Determine Liability: Once the investigation is complete, it is important to establish who is liable for the death. Our Bridge City Law Firm legal experts will determine and identify all parties who may be responsible.
  4. Determine Damages: Your Bridge City Law attorney will then work with you to determine the full extent of and types of damages suffered by the surviving family members, including funeral and burial expenses, financial losses, emotional pain and suffering, and loss of companionship.
  5. Negotiate with Insurance Companies: In many cases, insurance companies will attempt to settle a wrongful death claim for as little money as possible. A wrongful death attorney can negotiate with insurance companies on your behalf to ensure that you receive fair compensation.
  6. File a Lawsuit: If negotiations with insurance companies are unsuccessful, your Bridge City Law attorney may advise you to file a wrongful death lawsuit. Provided you want to move forward, they will file the lawsuit, manage our case throughout the litigation process on your behalf and represent you in court.

QUALITIES

Choosing a Wrongful Death Lawyer in Gresham

Choosing the right wrongful death attorney is an important decision that should be handled with care. Following are the factors and criteria to consider when selecting a personal injury attorney to represent you in your wrongful death claim:

Experienced: Look for a skilled and knowledgeable personal injury attorney with references in handling wrongful death cases. The attorneys at Bridge City Law have over three decades of experience and a proven track record for successfully litigating and negotiating wrongful death cases.
Compassion: Losing a loved one is a difficult and emotional experience. The legal professionals at Bridge City Law understand the very sensitive nature of wrongful death cases and handle communications with great care and thoughtfulness for their clients.
Responsive: A good attorney should communicate with you in a clear manner so that you can understand all aspects of your case. The Bridge City Law legal team, including your wrongful death attorney and paralegal, will work together to keep you informed throughout the handling of your case, explain each step in the process carefully and thoroughly, and will be available to answer any questions you may have.
Fees: The Bridge City Law wrongful death attorneys work on a contingency fee basis, which means that your attorney will be paid when your case has been successfully settled.

TIME LIMITS

For Filing a Wrongful Death Claim

To build a strong case for compensation after a work-related car accident, it is important to gather as much evidence as possible. This can include:

In Oregon, the time limit for filing a wrongful death claim is typically three years from the date of the death. There are however exceptions to this rule, and it is important to consult with a wrongful death lawyer as soon as possible following the death to ensure that your claim is filed within the appropriate time frame.

CARING, COMPASSIONATE REPRESENTATION

From a Gresham Wrongful Death Law Firm with a
Proven Track Record

Wrongful death claims can be complex and very difficult for the surviving family members to manage and navigate. However, with the help of an experienced and compassionate wrongful death attorney, you can rest assured knowing that you have a skilled legal advocate who is protecting your interests and is dedicated to you receiving fair compensation for your loss.

When you meet with the legal experts at our personal injury law firm, we will listen carefully to the details about what happened with your wrongful death claim. We will answer all of your questions and help you understand the important aspects of your case so that you can make informed decisions about how to move forward and seek justice for your loved one.

Our caring attorneys will be by your side each step of the way and will fiercely advocate for the best possible outcome for your claim.

At the edge of the picturesque Mount Hood foothills, Gresham, Oregon, is a city that combines small-town charm with the urban conveniences of being part of the outer Portland metro area. The warmth of the welcoming city of Gresham offers a close-knit community and a wide range of family-friendly activities. Indulge in diverse dining options and explore the local shops and boutiques. Immerse yourself in the vibrant arts scene, with a variety of galleries and theaters showcasing talent from across the region. Explore the stunning natural beauty surrounding Gresham, with easy access to hiking trails, fishing spots, and camping areas.