Based out of Portland, Oregon, Jennie L. Clark, Attorney at Law, handles various types of personal injury cases primarily in Multnomah, Clackamas and Washington Counties, including wrongful death cases. However, she will consider cases in all of Oregon and in the state of Washington.
What Oregon Statute governs wrongful deaths? ORS 30.020-30.100.
Who can make a wrongful death claim? The personal representative of the decedent. See, ORS 30.020(1). Under ORS 113.035, any interested person or the executor named in the will may petition for the appointment of a personal representative.
On whose behalf can a wrongful death claim be made? The action must be brought to benefit those who would be entitled to inherit the decedent’s personal property under the law of intestate succession of the state of the decedent’s domicile or for the benefit of any stepchild or stepparent whether entitled to inherit from the decedent or not. A parent having custody of his or her child may recover damages for the death of the child. See, ORS 30.010
What is the statute of limitations for a wrongful death claim in the state of Oregon? It is generally three years. See ORS 30.020. Other tort claims in Oregon that do not involve a death generally have a two-year statute of limitations. See ORS 12.110. There are some exceptions to the three-year statute of limitations when a wrongful death claim is involved that are too numerous to list here; thus, I would recommend obtaining legal advice regarding statute of limitations issues sooner rather than later.
Disclaimer: Any legal information on this site is not necessarily updated in a timely manner; neither is it a substitute for a legal analysis in relation to your case. I do not represent you and I am not your lawyer, unless you have a fee agreement with me.