Wrongful death cases in Oregon are different than other personal injury claims, in that wrongful death cases involve damages for
- loss of consortium
- loss of society,
- loss of affection
- and loss of companionship,
which means the loss of having that person around you. With wrongful death cases the estate has claims for the loss of the earnings capabilities of the victim as well as funeral and burial expenses.
Wrongful death cases also have a different statute of limitations in Oregon. It is 3 years generally.
When we work on a wrongful death case, we hire experts in order to get the evidence that is needed to get a substantial recovery of money for the estate. For example, we will often hire an economist who will write a report on the projected earnings of the victim.
Frequently the settlement is a policy limits case, which means, in a fatal car accident or other accident, the total amount of insurance that the at fault driver or at fault party was insured for for one accident goes to the estate. Often, in addition to the liability claim, there are under-insured claims that can be pursued to get more money for the estate.
Sometimes there even may be a possibility of stacking different insurance policies to get the maximum wrongful death settlement.
How else are wrongful death cases different?
Wrongful death cases are different from personal injury cases because they are very delicate cases which require careful consideration by the attorney and the insurance companies. They require extensive research, discussion with colleagues, and a great deal of evidence and expert opinion collection.
Sometimes a lawsuit is needed to get the insurance company to give the money the estate deserves in a timely fashion. The insurance company may try to hang on to the money as long as possible.
Wrongful death claims are different from personal injury matters in that the money is given to the estate of the victim and not to the victim themselves. Before the wrongful death case begins, someone must be appointed the personal representative or executor of the estate. This occurs in a separate probate case.
We have experience in handling all parts of the wrongful death case in Oregon and Washington state. Our firm has successfully negotiated wrongful death settlements for over 40 estates in OR and WA. Before hiring an Oregon wrongful death attorney, ask the lawyer how many wrongful death cases they have handled in their career.
We know the tricks the insurance company pulls to try to keep as much money as possible for as long as they can. Don’t talk to anyone about your wrongful death case in Oregon or Washington state until you contact Peterson Law Offices.
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