Damages in a Wrongful Death Claim

The death of a loved one is never an easy thing, and it can be even more difficult when another person causes their passing. If someone’s negligence caused an accident resulting in your loved one’s death, it can be devastating. Wrongful death claim damages can help some families remain financially afloat during this impossible time and provide some support.

Family Members Who Can File

A wrongful death claim is filed in place of a personal injury claim, which the person could have filed had they survived their injuries. Only certain family members in Oregon can file for a wrongful death claim for their deceased loved one. The deceased person’s estate representative can also file on behalf of these family members. Family members include:

  • Spouses
  • Parents
  • Step-parents
  • Children
  • Step-children
  • Individuals who inherit the estate from the state’s inheritance laws

Economic Damages

Economic damages are damages with a clear monetary value. This includes:

  • Reasonable costs for medical treatments and services
  • Compensation for loss of income
  • Economic damages to the person’s estate
  • Reasonable costs for burial and memorial services

Most of the value in a wrongful death claim comes from economic damages.

Noneconomic Damages

Noneconomic damages refer to non-financial costs, which are subjective in cost. In Oregon, noneconomic damages have a cap at $500,000. Noneconomic damages include:

  • Compensation for pain, suffering, and disability
  • Compensation for loss of companionship, society, and services

These damages can often be hard to calculate.

Punitive Damages

In some cases, punitive damages are awarded in a wrongful death claim. If the person at fault showed intentional or exceptionally reckless behavior, they may be punished with punitive damages.

Legal Representation for a Wrongful Death Claim

Dealing with the legal process of a wrongful death claim is often complicated and is made worse as you try to grieve. Working with a trustworthy attorney can take some of this burden away. When you’re in need of reliable wrongful death attorneys, contact Shlesinger & deVilleneuve Attorneys P.C. for legal counsel and support.


Leave a Reply