Outstanding representation in wrongful death claims
When someone dies because of wrongful conduct, such as negligent or intentional acts, the surviving family members could be entitled to recover damages for the loss of their loved one. At Johnstun Injury Law LLC, St. Helens personal injury attorney Jacob Johnstun has dedicated his professional career to recovering compensation for victims of personal injury and their families.
Recovery for the benefit of specific family members
A wrongful act or omission resulting in a person’s death gives rise to a right to recover damages on behalf of specific members of the decedent’s family. The lawsuit is filed by the personal representative of the deceased, but the compensation recovered is designated under Oregon law to benefit surviving members of the family of the deceased, including:
Due to the complexity of the statute, a personal injury attorney can assist other family members to determine if they would be entitled to share in the recovery from a wrongful death claim.
Damages recoverable under the statute
The lawsuit seeking compensation for wrongfully causing someone’s death can recover the following damages:
- Hospital, physician and other health care expenses incurred for the care and treatment of the deceased
- Funeral and burial expenses
- Decedent’s loss of future income
- Loss of companionship and services of the decedent suffered by family members
In cases in which the injured party does not die immediately, the statute permits a claim for the decedent’s pain and suffering from the date of the injury until the date of death.
Protecting the right of the family to sue
The sudden and unexpected death of a close relative is a highly emotional and difficult time for a family. Delays in contacting an attorney can be critical in wrongful death cases because of the statute of limitations.
The representative of the deceased must start a lawsuit within three years from the date of the injury causing the death or from when the injury should have been discovered. This can shorten the time to file a claim when a person dies several months after being injured. The best thing for family members to do is speak to an attorney right away.
Client-focused lawyer offering sound legal advice
Personal injury attorney Jacob Johnstun at Johnstun Injury Law LLC is dedicated to helping victims and their families recover damages for deaths caused by the negligent, reckless or intentional conduct of others. Schedule a consultation and case evaluation by calling 503-610-5399.