When a loved one passes away due to someone else's negligence or wrongful act, it can be an emotionally and financially overwhelming experience. In Oregon, the law allows for certain damages to be recovered in a wrongful death case. Oregon State Law 30.020 explains the different types of damages that may be awarded in a wrongful death case in Oregon.

1. Medical and Funeral Expenses

 First and foremost, compensation can cover reasonable charges incurred for medical services, including:

  • Doctor’s services
  • Hospital services
  • Nursing care
  • Other necessary medical treatments

 Additionally, costs associated with the decedent’s funeral, burial, and memorial services can be included in the damages awarded. 

2. Compensation for Pain and Suffering

 If the decedent endured pain, suffering, or a loss of income between the time of their injury and their death, damages are awarded to fairly compensate for this period. These damages account for the physical and emotional distress the decedent may have experienced before passing away, ensuring that their suffering is acknowledged.

3. Pecuniary Loss to the Estate

 Damages can be awarded to compensate for the pecuniary loss the estate would have suffered if the decedent had not passed away. This includes things like lost wages, financial support, or services the decedent would have provided to their estate.

4. Pecuniary Loss for Surviving Family Members

 Oregon law also compensates the surviving family members for their own pecuniary losses. This includes spouses, children, stepchildren, stepparents, and parents of the decedent. These damages are intended to compensate the survivors for the financial support they would have received from the decedent, as well as the emotional loss of their loved one. 

5. Punitive Damages

 In cases where the wrongful act was particularly egregious, punitive damages may be awarded. These are separate from compensatory damages and are meant to punish the wrongdoer for their actions and to deter similar behavior in the future. Punitive damages are calculated based on the actions that would have entitled the decedent to recover had they survived.

 Wrongful Death cases in Oregon typically have a damages cap of $500,000 for pain and suffering. This cap was passed by legislature and unfairly values as a person’s life at a maximum of just half a million dollars. Oregon Trial Attorneys are fighting to overturn this cap and the Oregon Supreme Court has signaled that such caps may be unconstitutional.

GLP Attorneys Support Families of Victims of Wrongful Deaths

It’s important to understand wrongful death claims to effectively navigate the legal landscape surrounding the loss of a loved one. It ensures that justice is sought comprehensively, addressing both the immediate repercussions of the death and the lasting effects. 

GLP Attorneys’ personal injury lawyers have extensive experience with wrongful death claims. Our lawyers stand ready to help you with your case today.

If your loved one has been fatally injured in an accident, call Shaun Callahan at 800.273.5005 for a free consultation.