Wrongful Death

If a loved one has died in an automobile accident, trucking accident, because of a birth injury or nursing home abuse or neglect, or in any other type of personal injury incident, you might be entitled to recover a variety of damages, depending on the state in which you file the claim. 

Oregon Wrongful Death Law

Oregon law generally allows a person's spouse, children, or parents to file a wrongful death claim, which generally must be filed within three years of the person's death.  In Oregon, the deceased's family is entitled to recover: reasonable medical costs, lost wages, reasonable financial loss to the decedent's estate, any financial loss the surviving family suffered, and the loss of companionship and services the family has suffered.  Oregon law also allows recovery for any lost wages, disability, or pain and suffering the deceased suffered during the time between injury and death, which includes any punitive damages the decedent would have been entitled to had he or she survived the injury. 

Washington Wrongful Death Law

In Washington, wrongful death claims must generally be filed within three years of the death by the person's spouse, children, or registered domestic partner.  If the deceased had no spouse, domestic partner, or children, his or her parents, siblings, or anyone depending on the deceased for support may be able to file.  The family of the deceased can recover the direct expenses relating to the death, including medical and funeral expenses, loss of anticipated future earnings that the deceased would have earned, and the pain, suffering, and loss of companionship the survivors have suffered.  Washington law also allows the deceased's family to recover for the pain and suffering and emotional distress the deceased suffered before death. 

California Wrongful Death Law

In California, the deceased's spouse, children, or issue may file a wrongful death suit.  If there are no issue, anyone entitled to property under the deceased's estate may file the claim.  Claims must be brought within two years of the death.  California law allows recovery for the deceased's lost wages and pension and retirement benefits, loss of companionship, and any direct expenses including hospital bills and funeral costs.  California does allow recovery for the economic damages and losses the deceased suffered before death, including punitive damages, but, unlike Washington and Oregon, does not allow pain and suffering that the deceased suffered. 

Seek Experienced and Compassionate Legal Representation

At D'Amore Law Group, we understand the delicate balancing act that is necessary to compassionately represent grieving families while aggressively representing their interests.  Our attorneys also understand that insurance companies quickly try to settle many wrongful death claims and offer less than what you deserve.  Insurance companies evaluate claims with plaintiff's choice of counsel in mind; D'Amore Law Group has an established reputation for successfully representing clients in wrongful death matters.  For a free initial consultation regarding your wrongful death claim, contact us today.