Reaching a Settlement

Reaching a Settlement

Once a settlement offer has been made, it is your lawyer’s job to advise you as to whether the offer is reasonable given the risks of a trial. But it is the personal representative’s job – not the lawyer’s – to make the final decision as to whether to accept a settlement offer. A judge […]

The Defense Will Disparage the Life of Your Loved One

The Defense Will Disparage the Life of Your Loved One

Much of the other side’s case will be based on trying to show that the decedent’s life was not worth all that much. This is a harsh aspect of our legal system. Your lawyer will be showing that the deceased person was a human being who lived a full life, loved and was loved in […]

The Discovery Process

The Discovery Process

Long before a trial is ever held, both sides have the right to “discovery.” In Oregon state court, this centers on depositions and requests for discovery. Let’s take them one at a time. Depositions are like recorded, official interviews. In a deposition, the lawyer can ask questions of opposing parties and witnesses, and they have […]

This is a Commitment – Are You Ready?

This is a Commitment – Are You Ready?

You may be surprised to read this in a post written by lawyers who focus on personal injury and wrongful death claims, but a wrongful death claim is NOT for everyone. It will require a commitment of both time and energy – probably yours – to bring a wrongful death lawsuit. We write “probably yours,” because […]

Estate and Personal Representative in Wrongful Death

Estate and Personal Representative in Wrongful Death

When a person dies, and leaves behind anything that is worth money, the law creates an “estate.” If John Doe dies, then it will be called “The Estate of John Doe.” For example, you may sometimes see “Estate Sales,” where the possessions of someone who has passed away are being sold. What has happened, legally, […]

Why Pursue A Wrongful Death Claim?

Why Pursue A Wrongful Death Claim?

Before discussing wrongful death laws, let us focus for a minute on the propriety of bringing a wrongful death lawsuit in the first place. There are some who think it’s wrong to accept money because someone died. We understand that accepting money due to the death of a loved one can seem wrong. But when […]

Is Murder the Same As A Wrongful Death?

Is Murder the Same As A Wrongful Death?

As mentioned in previous blog posts, a criminal case is separate and independent from a civil case. Some deaths result in only a criminal case (murder or manslaughter), but no civil case. Others may result in a civil case (known as wrongful death) but no criminal case. Still others may result in both. So yes, […]

How are damages determined?

How are damages determined?

How are damages determined? This is perhaps is the most complicated issue in Oregon wrongful death laws because so many factors have to be taken into consideration, including: Medical bills and burial expenses. The loss of wages the person would have earned had they lived. This is usually determined by an expert economist who will […]