Wrongful Death Attorneys
Portland Wrongful Death Attorney
Wrongful Death occurs when a person is killed due to
the negligence or misconduct of another individual,
company or entity. An action for wrongful death belongs
to the decedent's immediate family members. The most
common are surviving spouses and children, and sometimes
parents. A wrongful death lawsuit for wrongful death
may only be brought by the personal representative of
the decedent's estate. Every state has a civil "wrongful
death statute," or set of statutes, which establish
the procedures for bringing wrongful death lawsuits.
Actions for personal injury, conscious pain and suffering,
or expenses incurred prior to the decedent's death are
also brought by the personal representative. The damage
awards from these actions belong to the estate and may
pass to different parties as directed by the decedent's
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause
of action, the following elements must be present:
* The death of a human being.
* Caused by another's negligence.
* The survival of family members who are suffering monetary
injury as a result of the death.
* The appointment of a personal representative for the
A wrongful death claim may arise out of a number of
circumstances, such as in the following situations:
* Medical malpractice that results in decedent's death.
* Automobile or airplane accident.
* Occupational exposure to hazardous conditions or substances.
* Death during a supervised activity.
* Damages in a Wrongful Death Lawsuit.
Pecuniary, or financial, injury is the main measure
of damages in a wrongful death lawsuit. Courts have
interpreted "pecuniary injuries" as including
the loss of support, services, lost prospect of inheritance,
and medical and funeral expenses. Most laws provide
that the damages awarded for a wrongful death lawsuit
shall be fair and just compensation for the pecuniary
injuries that resulted from the decedent's death. If
the distributees paid or are responsible for the decedent's
funeral or medical care, they may also recover those
expenses. Finally, a damage award will include interest
from the date of the decedent's death.
Wrongful death lawsuit is a claim against a person
who can be held liable for a death.
The claim is brought in a civil action, usually by close
relatives, a dead person cannot bring a suit,
and this created a legal hole in which activities that
resulted in a person's injury would result in civil
sanction but activities that resulted in a person's
death would not.
The standard of proof is typically preponderance of
the evidence as opposed to clear and convincing beyond
a reasonable doubt.
For this reason it is often easier for Portland Wrongful
Death Attorneys to aid a family to seek retribution
against someone who
kills a family member through tort than a criminal prosecution.
However, the two actions are not mutually exclusive;
a person may be prosecuted criminally for causing a
person's death (whether in the form of murder, manslaughter,
criminally negligent homicide, or some other theory)
and that person can also be sued civilly in a wrongful
death lawsuit. Wrongful death is also the only recourse
available when a company, not an individual, causes
the death of a person; families have tried successfully
and unsuccessfully to sue tobacco companies for wrongful
deaths of their customers.
In most states, there was no common law right to recover
civil damages for the wrongful death of a person.
Some states have recognized a common law right of recovery
for wrongful death, reasoning that there is no present
public policy against allowing recovery for wrongful
States that recognize the common law right to recovery
for wrongful death have used the right to fill in gaps
or to apply common law principles to decisions. Many
states enacted statutes to create a right to such recovery.
The issue of liability will be determined by the tort
law of a given state.
Attorneys in Portland Oregon provides legal advice and
representation to individuals throughout the Portland
area and across Oregon facing any of the crimes listed
and others not listed. Measure 11 crimes, Murder
Manslaughter, Marijuana-PC-Meth-heroin, Rape, Sexual
Assault, Prostitution, Solicitation, Arson, Forgery,
Child Molestation, domestic violence charges, Sexual
Abuse, Internet Crime charges, Accident and Injuries,
Tort law , Slip and Fall Injuries, Trucking Accidents,
Head injuries, Spinal injuries, Automobile Accidents,
Motor Vehicle Collisions, Motor vehicle accidents, Car
accident injury, Motorcycle accidents, Premises Liability
law, Wrongful Death, Medical malpractice, Occupational
exposure to hazardous conditions or substances, Construction
or other workplace accidents, Psychological, personal
injuries, Personal injury claim, Duii drunk while driving
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County , Deschutes
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