Law Office of Robert A. Miller
Serving Oregon Medical Malpractice And Car Accident Clients Statewide
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What is Oregon law on filing a wrongful death action?

How many times have you found yourself saying, "There oughta be a law." It typically surfaces when you are faced with some frustrating situation that you feel should never happen, but does. The thing is there often are laws for such issues. But the situations they cover may occur so rarely that it may be easy to assume they don't.

The most overwhelming circumstance in which this might happen would be when a loved one has been lost. Someone's negligence or recklessness has resulted in a motor vehicle crash or an error in medical treatment that ends with an innocent person's untimely death.

Under Oregon law, such situations are covered and details can be found in the pages of the Oregon Revised Statutes. Here in abbreviated form is what the law has to say regarding possible actions for suspected wrongful death.

If a claim is to be made it must be done by the decedent's personal representative. This person may be identified in the dead person's will or be an interested party who asks to be appointed by the court. The claim can be made on behalf of the decedent's spouse, his or her children, parents or some other person who might be entitled to an inheritance.

The statute of limitations on making a claim is three years from the time that the death-causing injury occurred. This is an important thing to note, as it could limit the possible window for taking action.

If after obtaining proper legal counsel it is determined that a case exists, the law says recovery can be sought for reasonable medical charges, burial and memorial costs. Fair compensation may also be sought for any loss of income the victim might have suffered in the time from the date of injury to the time of the death. A financial claim may also be made by surviving loved ones for loss of income and companionship.

This offers a quick sketch of what the law allows. To get a more detailed picture, speak with an attorney.

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