Losing a loved one is always challenging, especially when their death is the result of someone else’s actions. If negligence led to an accident resulting in the death of your family member, pursuing damages through a wrongful death claim can provide financial assistance and support during this difficult time.
Family Members Eligible to File
In Oregon, specific family members have the right to file a wrongful death claim on behalf of their deceased loved one. These individuals include:
- Spouses
- Parents
- Step-parents
- Children
- Step-children
- Individuals inheriting the estate according to state inheritance laws
Additionally, the representative of the deceased person’s estate can also file the claim on behalf of these family members.
Economic Damages
Economic damages are quantifiable financial losses and may cover:
- Medical expenses incurred before death
- Loss of income or financial support
- Economic losses to the deceased person’s estate
- Funeral and burial expenses
Economic damages typically form a significant portion of a wrongful death claim.
Noneconomic Damages
Noneconomic damages are subjective and include intangible losses. In Oregon, there is a cap of $500,000 for noneconomic damages, which may include:
- Pain, suffering, and disability endured by the deceased before death
- Loss of companionship, society, and services provided by the deceased
Quantifying noneconomic damages can be challenging due to their subjective nature.
Punitive Damages
Punitive damages may be awarded in wrongful death claims if the at-fault party’s actions were intentional or egregiously reckless. These damages aim to punish the responsible party for their behavior.
Legal Representation for Wrongful Death Claims
Navigating the legal complexities of a wrongful death claim while grieving can be overwhelming. Seeking assistance from a reputable attorney can ease this burden. If you require trustworthy legal counsel for a wrongful death claim, reach out to Shlesinger & deVilleneuve Attorneys P.C. for guidance and support.
