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 […]

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 […]

Reaching a Settlement in a Wrongful Death Lawsuit

Reaching a Settlement in a Wrongful Death Lawsuit

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 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 […]

Meeting with and Choosing Your Wrongful Death Attorney

Meeting with and Choosing Your Wrongful Death Attorney

Choosing a lawyer is of course a crucial step in the process. You should interview several lawyers, and you should ask them hard questions. Take notes, and feel free to bring a trusted friend or relative with you. But do be aware that the presence of a friend may negate the confidentiality of the meeting, […]