Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Oregon, wrongful death claims are governed by ORS 30.020, which allows the personal representative of the deceased person's estate to file a lawsuit against those responsible for the death. The statute specifies that the action must be commenced within three years after the injury causing the death is discovered, or reasonably should have been discovered. The damages that may be recovered include expenses associated with the death, such as medical and funeral costs, lost income and benefits, loss of companionship, and pain and suffering endured by the deceased prior to death. The beneficiaries of the claim can include the spouse, children, parents, and sometimes other dependents or beneficiaries of the deceased. Oregon law also allows for the possibility of punitive damages if the conduct that caused the death was particularly egregious. It's important to consult with an attorney to understand the nuances of a wrongful death claim in Oregon, as the specifics of the case can affect the types of damages that may be recovered and who may be entitled to them.