If you have lost a loved one due to a circumstance in which the cause involved someone performing an action or failing to perform an action that a reasonably careful person would have done (or not done) in a similar situation, that person’s actions could be considered negligent. If this is the case, you may be able to sue for wrongful death. Unfortunately, these situations do occur and loved ones often have questions such as these.
How long after the death do I have to file?
There are several factors in calculating the time frame in which you may file a wrongful death claim. As a general rule, Oregon has a 3-year statute of limitation for wrongful death claims. But there are exceptions which may shorten or lengthen that time frame. The best course of action is to hire a qualified attorney to advise you on your rights. Failure to file in the appropriate time may invalidate your ability to sue for monetary damages.
Do wrongful death lawsuits involve a court battle?
Although many wrongful death lawsuits are settled out of court, there are no guarantees that prevent them from going to court. Any time you file a lawsuit, there is a chance that it will end up in court. For this reason, it is essential that you secure legal representation by an attorney with the knowledge and experience to fight for your interests.
How much do wrongful death lawyers’ cost?
Most wrongful death attorneys (including Shlesinger & deVilleneuve) work on a contingency fee basis. For this reason, you typically don’t have to pay anything up front. Once your case is settled or won, the attorney receives a percentage of the amount you are awarded in the case. Out-of-pocket expenses incurred during the process are usually advanced by the attorney, and the attorney is reimbursed by the client after a settlement is reached. If the client does not win the lawsuit, they normally don’t have to pay.
The attorneys at Shlesinger & deVilleneuve know the grief a family endures when a loved one has passed away due to another person’s negligence. It is difficult to know how to proceed with legal claims when you are trying to grieve and comfort your family. When you reach out to us with your concerns, we handle your claim with the dedication and understanding you need during such a difficult time.