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 […]

Hiring a Lawyer or Other Professional to Serve as Personal Representative

Hiring a Lawyer or Other Professional to Serve as Personal Representative

Sometimes a judge may appoint a personal representative who is not a beneficiary. When this happens, the person appointed is usually a professional who does this sort of thing for a living, often a lawyer. Because it’s a job, the person gets paid. This is usually done when the only beneficiaries are all under 18, […]

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 […]

What Proof is Required for a Wrongful Death Case?

What Proof is Required for a Wrongful Death Case?

A Wrongful death claim is a civil lawsuit because the damages the Plaintiff is seeking are strictly monetary. Criminal cases result in a type of punishment such as a fine or imprisonment. The monetary damages awarded must obtained through a civil lawsuit. The Plaintiff is the person who is bringing the civil lawsuit and is typically […]

What Damages are Available in a Wrongful Death Case?

  The death of a loved one can cause emotional stress and financial hardships for family members.  It is important to understand the a wrongful death case is and the different categories of compensation available if you have a successful lawsuit. What is a wrongful death case? A “wrongful death” case is a civil action […]