There is truly nothing worse than the experience of losing a family member. These terrible moments in our lives can be made even worse when we realize that that family member had fallen victim to an accidental death or a wrongful death that was not their fault. If your family member has lost their life due to a Portland auto accident death, or other wrongful or accidental death, then there are certain steps that you will need to take in order to ensure that the responsible party is held accountable for their misconduct and the resulting death of your beloved family member from that misconduct.
Understanding the Wrongful Death Lawsuit
After dealing with the loss of your family member from a Portland auto accident death, you will likely consider embarking on a wrongful death lawsuit against the person responsible for the accident. A wrongful death is one that can be described as when a person loses their life due to the misconduct or negligence of a person, business, or other entity.
A wrongful death claim is “a claim in common law jurisdictions against a person who can be held liable for death” according to wikipedia. Essentially the wrongful death claim will attempt to prove that a person died as a result of negligence and that any surviving family members of the deceased are entitled to compensatory damages which may be awarded by a jury for the costs associated with medical care, as well as funeral and burial expenses.
In Portland, auto accident deaths make up a large part of wrongful death claims in the area. However, there are other situations that may often occur that result in a wrongful death, including, but not limited to:
- Airplane accidents,
- Criminal actions,
- Workplace injuries and exposures to hazardous conditions, and
- Accidental deaths during supervised activities.
Another important thing to understand is the difference between a liability case and a wrongful death claim. This difference is that most other types of liability cases are actually filed by the injured person themselves; however, with a wrongful death case, this is not possible and the claim is ultimately filed by surviving family members or beneficiaries.
Why You Need a Lawyer for Your Wrongful Death Claim
As time has gone by and individual state laws have changed, it has become even more vital for those individuals who are considering a wrongful death claim to consult with an attorney. Several states have passed new wrongful death statutes which set out certain guidelines for compensation and who may receive that compensation. Since so many states, including Oregon, have different laws when it comes to wrongful death claims, you will need to make sure to speak with an experienced attorney. If you are in the Portland area and dealing with an auto accident death, you will definitely want to see to it that you hire a lawyer who has had experience with at least one other Portland auto accident death case.