Oregon Revised Statute (ORS) 30.020, provides the current legal framework for pursuing wrongful death claims in the state. This statute defines who has the right to file a claim, the time limits involved, and what types of damages may be awarded. It ensures that when a death occurs due to another party’s negligence or wrongful act, surviving family members or the deceased’s estate have a clear legal avenue to seek justice and compensation. Understanding the most recent revisions to ORS 30.020 is essential for anyone facing the legal and emotional complexities of a wrongful death case.
Who Can File a Wrongful Death Lawsuit?
If a person dies because of someone else’s wrongful act or negligence, the personal representative of the deceased’s estate can file a wrongful death lawsuit. This lawsuit is brought on behalf of:
- The deceased’s spouse, children, or parents
- Other individuals who would inherit the deceased’s property under Oregon’s intestate succession laws (if there’s no will)
- Stepchildren and stepparents, even if they wouldn't normally inherit from the estate
The claim can be made only if the deceased could have filed a personal injury lawsuit for the same act or omission had they survived.
Time Limits for Filing (Statute of Limitations)
The time limit for filing the lawsuit must be within three years of when the injury that caused the death was:
- Discovered, or
- Should have reasonably been discovered
This deadline applies to the deceased, the personal representative, or any eligible beneficiary, as long as they are not the person responsible for the death.
However, a lawsuit cannot be filed later than:
- Three years after the actual date of death, or
- The maximum time limit (statute of ultimate repose) allowed under other applicable Oregon laws (like those for malpractice or product liability)
It is also important to consider whether or not the death was caused by a governmental entity. If so, a tort claim must be filed within 1 year of the date of injury. Failure to properly serve a tort claim notice will result in the loss of the claim. The period to file a tort claim notice for a non-death injury is just 6 months, so do not delay in contacting competent legal counsel.
Types of Damages That Can Be Awarded
If the court finds the defendant legally responsible, it may award damages to cover:
- Medical and funeral expenses (doctor bills, hospital stays, burial, memorial services, etc.)
- Pain, suffering, and lost income the deceased experienced between the injury and their death
- Financial losses to the deceased’s estate
- Losses suffered by family members, such as:
- Loss of financial support
- Loss of companionship, care, or services
- Punitive damages, if the deceased had been entitled to them, if they had lived
(These must be listed separately in the verdict.)
Stepchild and Stepparent Eligibility
ORS 30.020 outlines specific rules for recognizing a legal stepchild-stepparent relationship in wrongful death cases:
- The stepparent must have married the child’s biological parent while the child was a minor and under that parent’s custody
- The relationship continues even if:
- The stepchild turns 18 or is emancipated
- A biological parent dies
- The relationship ends if the biological parent and stepparent get divorced
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 in Oregon, call Shaun Callahan at 800.273.5005 for a free consultation.
