A wrongful death suit is a case in which someone has been killed by another person’s unreasonable or negligent act. See, ORS 30.020(1) - Action for wrongful death. Wrongful death cases can result from car accidents or other types of accidents.
What should I do when a family member has been killed in an accident?
You need to do 2 things when a family member has been killed in the accident.
Who is entitled to the money recovered in a wrongful death case?
The family members who are entitled to the money recovered in a wrongful death case are those entitled to inherit from the victim under Oregon’s law of “intestate succession” as well as stepchildren and stepparents. See, ORS 30.020(1) - Action for wrongful death.
Intestate succession is a law that lists who is entitled to inherit from a family member who dies without a will.
If the person who died was married at the time, their surviving spouse is entitled to the money recovered with some exceptions. See, ORS 112.035 Surviving Spouse's Share; See Also, ORS 112.025 Surviving Spouse's Share with kids.
Surviving children and other relatives of the victim sometimes recover as well. See, ORS 112.045 Share of Others than Surviving Spouse.
What money can be recovered in a wrongful death case?
How much money can be recovered in a wrongful death case?
How much money can be recovered depends upon the victim’s age, health and income as well as the quality of the victim’s relationship with his relatives, usually surviving spouse and children, who are entitled to recover the damages awarded in the wrongful death case.
Determining how much money can be recovered requires the use of an expert economist.
How long do I have to file a wrongful death lawsuit?
A wrongful death lawsuit must be filed within 3 years after the date your family member died with some exceptions. See, ORS 30.020(1)(a) – Deadline to file lawsuit.
Can a wrongful death claim be settled?
Yes a wrongful death claim can be settled but the settlement must be approved by the court. See, ORS 30.070 – Settlement.