How the Value of a Wrongful Death Case is Determined

How the Value of a Wrongful Death Case is Determined

What is a life worth? What is the value, in dollars, of the loss of a father, a wife, a grandparent, or a child? There is of course no answer to this question. The value of a life is not measured in dollars. But even though this is true – and obviously true at that […]

Punitive Damages for a Wrongful Death Case

Punitive Damages for a Wrongful Death Case

Punitive damages may be recovered in some wrongful death cases. Punitive damages are widely misunderstood, largely due to the McDonalds coffee case. Many people are under the false impression that punitive damages are a road to riches. Punitive damages are difficult to prove. You are not allowed to even ask for them until after you […]

What are the Limits on Non-economic Damages?

What are the Limits on Non-economic Damages?

In personal injury cases, there are two basic forms of “damages” a client may recover: economic and non-economic damages. Some lawyers will refer to them as “general” and “special” damages, but the correct terms are economic and non-economic damages. Most wrongful death damages are determined by law using the criteria defined earlier (see the ORS 30.020 damages described […]

Wrongful Death Damages – Economic, Non-economic, and Punitive

Wrongful Death Damages – Economic, Non-economic, and Punitive

You will hear a lot of people talking about “damages” during a wrongful death case. “Damages” can refer to the amount of money you have lost and the suffering you have undergone as a result of the loss of your loved one, but “damages” also refers to the amount of money a jury decides is […]

What Happens if Alcohol is Involved in a Wrongful Death?

What Happens if Alcohol is Involved in a Wrongful Death?

If alcohol was involved in a death, and if the server of the alcohol was partly responsible for the death because they served an already visibly intoxicated person, or served a minor, or failed to perform their server duties correctly in other ways (which are defined by the Oregon Liquor Control Commission), you may be […]

What is the Time Limit for a Tort Claim Notice?

What is the Time Limit for a Tort Claim Notice?

It is not always clear what a “public body” is. If a person works for a city, county, or the state, then it’s pretty obvious. But did you know that OHSU (Oregon Heath Science University) can be considered a “public body” for the purpose of this rule? “Public body” is defined in ORS 30.260, and […]

When Government or Alcohol is Involved: Tort Claims

When Government or Alcohol is Involved: Tort Claims

If the death was caused by a public entity, or someone working for a public entity, then a “Tort Claim Notice” has to be received by the proper person or department within one year of the incident that caused the death (If it’s an injury that does not cause death, the time limit is only […]

Product Liability Allows for Special Time limits

Product Liability Allows for Special Time limits

In addition to the normal statutes of limitations, there are also “statutes of ultimate repose.” For example, in a product liability case, which is where a person sues the maker or distributor of a product that was unsafe, the lawsuit must be started before the product is ten years old. So if someone buys a […]