Wrongful Death Attorneys in Oregon
Have you lost a loved one in a preventable accident that was not their fault? Call Kivel & Howard today to see if you have the right to file an Oregon wrongful death lawsuit.
Losing a loved one under any circumstance is hard, but when a loved one’s life is ripped away due to the negligence or carelessness of another person or business, that loss can feel unbearable. The surviving family members are often left feeling confused, hurt, angry, in pain, and in serious debt, all of which can make it harder to recover from their loss.
At Kivel & Howard, our compassionate, yet aggressive Portland wrongful death attorneys want you to know that you don’t have to suffer through the heartache of losing your loved one alone. We can answer any questions you may have concerning your loved one’s passing, help start your claim, and we will argue your rights for compensation with the courts. We know that no amount of money can replace a loved one, but financial compensation can help with the debt left behind and that can be a huge relief to bereaved family members.
If you recently lost a loved one in a fatal accident that was caused by the careless, reckless, negligent, or deliberate actions or inactions of another person or business entity, you and the other surviving family members may be entitled to compensation for the sudden loss. Call the skilled and compassionate Portland wrongful death attorneys at Kivel & Howard today to discuss the accident and the circumstances surrounding the death of your loved one to see if you have the right to pursue a claim.
Most Common Causes of Wrongful Death Accidents in Oregon
As with all personal injury claims, wrongful death claims are filed due to the reckless, careless, or negligent behavior of another person that results in the death of one or more people. Unfortunately, in a wrongful death case, the victim perishes because of the actions of the responsible party. A wrongful death claim can be brought to light by a loved one as a personal injury claim can be if the victim survived.
If someone deliberately harmed another, doesn’t that count as murder? Not quite. Wrongful death is an injury caused by the action or behavior of an individual that led to an accident, and the victim’s death. Murder is intended harm to another person. Where wrongful death is handled in civil court, murder is a criminal offense in which incarceration is a high probability.
Wrongful death claims can have many different sources. From hands-on, like a medical professional, to a less personal kind such as a car accident. Anyone can be brought into light as the responsible party in a wrongful death suit. Individuals, businesses, or even government agencies can be held responsible if it was their negligence that led to the injury, causing a wrongful death. You don’t need to have a criminal case to start a wrongful death suit or have civil litigation started for a criminal investigation into the loss of a loved one. Examples of accidents that can result in wrongful death include:
- Semi-Truck Accidents- Any accidents involving semi-trucks can be devastating. The injuries that are sustained in an accident involving a big rig can be life-changing or deadly. Caution should be taken when driving around a commercial truck or any larger vehicle.
- Medical Malpractice- Medical professionals are people we trust with our lives to do the right thing for us. Unfortunately, some can be distracted or negligent in their care and it can result in wrongful death. A misdiagnosis, surgical or medical errors, or anesthesia complications can all be reasons for medical malpractice to be the reason an innocent life is lost.
- Motor Vehicle Accidents- Injuries sustained in an accident can be debilitating and lifelong, others can lead to the loss of innocent life. A driver’s negligence or impairment, distraction, speeding, or fatigue can all result in a devastating accident in which an innocent life is lost. Not all wrongful death claims are from car accidents, but it is one of the most common.
- Defective Products- Marketed products with flaws in design or mechanics can be the manufacturer’s fault. It is their responsibility to ensure all the items that consumers buy run through a vigorous safety screening. Toys, cellphones, medical equipment, and even auto parts are just some examples of things that could be sourced to wrongful death due to their manufacturing flaws.
- Pedestrian Accidents- Driver negligence, impairment, or distraction is one of the most common cases where pedestrians are injured. Unfortunately, pedestrians have no protection from the vehicles on the road and a collision between a pedestrian and a vehicle can be deadly for the pedestrian.
- Workplace Accidents- Owners of the site a construction worker is assigned could be hazardous, leading to an injury which might be the source to their life ending too soon. But construction sites are not the only workplaces that can have deadly accidents. Accidents with forklifts and other running machinery in warehouses can also have deadly results, as well as many other fields.
- Dog Bites- When dogs who are usually friendly turn vicious and attack, it can quickly become a deadly situation. Dog bites can leave the victim disfigured or cause serious life-threatening injuries. If a dog bite is left untreated, it could get severely infected.
Not all of these will result in wrongful death claims, but they do have the potential of becoming just that if you can prove negligence. Each incident is unique to the circumstances of the event but hiring a skilled Portland wrongful death attorney to work on your behalf is crucial to your case. Your wrongful death attorney will gather all of the necessary evidence you need to maximize the amount of compensation you deserve for your losses.
Call the dedicated wrongful death attorneys at Kivel & Howard today. We will gather the documentation needed to support your claim and we will litigate for you while you focus on grieving from your loss. If you have lost a loved one due to another’s reckless negligence, call Kivel & Howard today for your free, no-obligation, and confidential consultation.
Injuries That Can Lead to Wrongful Death
Not all wrongful deaths occur instantly in a car accident. Some, like a broken bone fragment floating through the bloodstream until it reaches the heart and clogs an artery or pierces a ventricle, can take a while. Some injuries may even go undetected by medical professionals for a long period of time before they get worse and come to a devastating end. Some of the more severe injuries that can lead to wrongful death include but are not limited to:
- Traumatic Brain Injury- Caused by a serious bump, jolt, or blow to the head, traumatic brain injuries can range from a mild concussion to a rip or tear in the brain tissue. A disruption in the normal functioning of the brain, a TBI can be debilitating or fatal.
- Internal injuries- Sometimes, internal injuries can go unnoticed even by medical professionals. When internal injuries are left untreated, they can get worse and unfortunately lead to the victim’s untimely death.
- Broken Bones- Broken bones can be extremely dangerous, especially if a broken rib punctured an internal organ and causes internal bleeding. Internal injuries can be hard to spot at first, and it could be too late by the time they are identified.
Type of Damages That Can Be Claimed in an Oregon Wrongful Death Lawsuit?
While your family is going through the hardship of losing a loved one too soon, your wrongful death attorney can help you recover damages to help you and your family move on in the best financial position possible. In Oregon, some of the damages that the decedent’s surviving family members can claim include:
- Mental Pain and Suffering- Surviving family members of the decedent can file for wrongful death compensation to cover their mental pain and suffering. There is no amount of money that can fill the hole left in the hearts and homes of the family members, but at least compensation can help them move forward.
- Loss of Parental Companionship- Dependent children who have lost a parent can claim this in a wrongful death claim. Losing a parent at any age is hard and no amount of money can bring them back, but financial compensation may help with the financial burdens left over.
- Loss of Consortium- This usually pertains to the spouse of the decedent. When a spouse has lost that other half of their normal everyday life, it can be stressful, heartbreaking, and confusing. Consortium refers to the loss of intimate relationships.
Financial hardships may come to you and your family as a result of the sudden loss of your loved one and can be claimed as damages in your wrongful death suit. Where no amount of money can bring back or replace a loved one, but it can lessen the burden of the loss. Such damages that can help your family in these difficult and trying times can include:
- Punitive Damages- These are damages charged to the defendant in order to punish them for their actions. Punitive damages are also used to deter the defendant and others from engaging in similar activities that caused the wrongful death in question.
- Funeral and Burial Expenses- On average, the typical funeral including burial expenses, the casket, and service preparation costs around $12,000. Compensation for funeral expenses can help alleviate the financial burden put on your family’s shoulders for the loss of a loved one that could have been prevented.
- Medical Expenses- These include all medical expenses from the incident or injury that led to the unfortunate death of your loved one including hospitalization, emergency care, surgeries, and more.
If you have tragically lost a loved one due to the reckless and negligent actions of another person, you have the right to demand compensation. Our compassionate and dedicated team of wrongful death attorneys at Kivel & Howard will fight by your side to ensure that you receive the maximum compensation you deserve and keep your best interest in mind. Visit our website to schedule a free, no-obligation, and confidential consultation at your earliest convenience, or you can call us today for your free consultation with one of our knowledgeable attorneys to answer any questions you may have about your situation.
Wrongful Death Laws and Claims in Oregon
Like with all states, Oregon has a statute of limitations on wrongful death claims. The three-year time limit starts after the decedent’s last fatal injury. The person to come forward to claim a wrongful death is more often a surviving spouse or life partner. However, other surviving family members can pose a claim as well, such as:
Anyone who files for a wrongful death claim must have proof that negligence or reckless behavior occurred. Some of the best types of evidence to cement your claim include:
- Witness Testimony- Anyone who saw the responsible party directly related to the incident that claimed someone’s life.
- Video Recordings- Visual recordings of the party who caused the accident showing the negligence or reckless behavior.
- Confession- A statement from the person directly placing themselves in a position of blame or stating that it was their actions that caused the incident.
Financial support must also be proven. Dependants need to show how the financial loss has impacted their life for an adequate estimate of compensation. However, if an individual were to die with no surviving spouse, their children would stand to inherit everything. Loss of companionship can be claimed for an amount of up to $500,000.
If you lost a loved one due to the careless and reckless actions of another person, you’re going to need the help of a skilled wrongful death attorney. The dedicated team of wrongful death lawyers at Kivel & Howard is available to answer any questions you may have about your loved one’s accident to help you determine if you have the right to pursue an Oregon wrongful death claim. Call us today or visit our Contact Us page to schedule a free, no-obligation, and completely confidential consultation at your earliest convenience.
Working With a Wrongful Death Attorney in Oregon
At Kivel & Howard, our compassionate and dedicated wrongful death attorneys understand the heartache of losing a loved one too soon due to the careless, reckless, or negligent actions of another person or business entity.
With decades of combined experience, you can depend on us to keep your best interest in mind while we fight by your side to ensure that you receive the maximum compensation that you deserve for the premature death of a loved one. Call us today at (503) 796-0909 to schedule a free consultation with one of our dedicated Portland wrongful death attorneys to discuss the specifics surrounding your loved one’s accident today.