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 […]

Wrongful Death: Securing Evidence in a Timely Manner

Wrongful Death: Securing Evidence in a Timely Manner

Immediately after the death of a loved one, you are likely in no condition to be talking with lawyers, thinking about legalities, or, certainly, securing evidence. But we can promise you, the insurance company and lawyers for the person or company responsible for the death will not hesitate. They will rush out and gather whatever […]

The Discovery Process of a Wrongful Death Lawsuit

The Discovery Process of a Wrongful Death Lawsuit

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 […]

A Wrongful Death Lawsuit is a Commitment – Are You Ready?

A Wrongful Death Lawsuit is a Commitment – Are You Ready?

You may be surprised to hear this from a lawyer who focuses 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 it is the […]

How the Personal Representative is Chosen in Wrongful Death Lawsuit

How the Personal Representative is Chosen in Wrongful Death Lawsuit

The personal representative has to be approved by a judge. Usually, all of the beneficiaries will agree upon one of them to be the personal representative. There is a specific order that the law states (ORS 113.085) is the preferred way to choose a P.R. Here is the order: Executor named in a will Spouse […]

Wrongful Death Claim: What does Estate mean?

Wrongful Death Claim: What does Estate mean?

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 […]

An Overview of Wrongful Death Claims

An Overview of Wrongful Death Claims

Overview of Wrongful Death Claims Wrongful death claims are complicated, but we are here to help you learn enough about the process to decide whether pursuing a case is in the best interests of you and your family, and if so, to help you understand the steps. Because it is complicated, many questions arise in a […]