PORTLAND
WRONGFUL DEATH
LAWYER
Wrongful Death Attorney Serving Portland and Beaverton, Oregon
Losing a loved one is one of the most devastating experiences a family can endure. When that loss is caused by someone else's negligence or wrongdoing, the pain can feel even more overwhelming. Helping families hold those at fault accountable is a responsibility we take seriously. At the Law Office of Benjamin B. Grandy, PC, it is an honor to support families during these difficult times and help them seek justice.
5-STAR RATED PORTLAND WRONGFUL DEATH LAWYER
For over two decades, the Law Office of Benjamin B. Grandy has represented people in personal injury and wrongful death cases against major corporations, hospitals, motor vehicle carriers, and insurance companies. Our Portland wrongful death lawyer has recovered millions for our clients by building strong cases and not backing down. We aren’t intimidated by going to court. The Law Office of Benjamin B. Grandy has the experience, resources, and grit to fight for the compensation you deserve. Instead of trying to handle a complicated injury case alone, let our office guide you through it and protect your rights. Don’t settle for less than you deserve. Contact us to learn how we can help.
What is a Wrongful Death Claim?
A wrongful death claim arises when a person's life is tragically cut short due to the negligence or fault of another. In Oregon, wrongful death claims can be filed by the personal representative of the deceased person's estate on behalf of surviving family members. Oregon's wrongful death statute places a personal representative in the decedent's shoes, imputing to the personal representative whatever rights the decedent possessed at the time of their death.
The goal of a wrongful death claim is not only to compensate families for their losses but also to seek justice for the loved one whose life was lost. This process can help families find answers as to what really happened and, hopefully, in the end, a sense of closure. With the Law Office of Benjamin B. Grandy, through it all, you'll have someone by your side, protecting your rights, which can provide some reassurance and peace of mind during an incredibly challenging time.
Common Situations Leading to Wrongful Death Claims
Wrongful death claims can arise from a wide range of circumstances, including:
Motor Vehicle Accidents: Fatal crashes caused by distracted or reckless driving, speeding, driving under the influence (DUI), or other forms of negligence. Visit our Crime Victims, Drunk Driving Accidents, Bike Accidents, and Pedestrian Accidents practice pages for more information on those topics.
Truck Accidents: Catastrophic collisions involving large commercial vehicles can result in wrongful death due to driver fatigue, improper maintenance, or overloaded cargo. Learn more on our Truck Accidents practice page.
Premises Liability: Fatal accidents can be caused by unsafe conditions on someone else's property, including slips and falls, structural failures, or other hazards. Visit our Premises Liability practice page for more information.
Inadequate Security: Fatal injuries resulting from criminal acts that could have been prevented by proper security measures, such as in apartment complexes, parking garages, or shopping centers. Explore our Premises Liability page for more information.
Workplace Accidents: Fatal injuries in dangerous workplaces, including construction sites or industrial facilities.
Defective Products: Dangerous or malfunctioning products that result in fatal injuries. Visit our Defective Products practice page for details.
Criminal Acts: Deaths resulting from assaults or other violent crimes. Visit our Crime Victims practice page for more information.
Millions recovered For clients
30+ Years of experience
No Fee Unless we Win Your Case
Damages in Wrongful Death Cases
Families who file wrongful death claims may be entitled to various forms of damages, such as for:
Medical expenses incurred by the decedent.
Funeral and burial expenses.
Financial loss to the decedent's estate.
Loss of financial support the deceased would have provided.
Loss of society, companionship, love, and emotional support.
Disability, pain, suffering, and loss of income experienced by the deceased prior to passing.
Punitive damages may be available, such as when a defendant acts with malice and a conscious indifference to the health, safety, and welfare of others.
Calculating damages in a wrongful death case can be complex, as it often requires placing a value on non-monetary losses. An experienced wrongful death attorney will work closely with professionals, such as economists and actuaries, to accurately determine the full extent of the damages.
Oregon law places a $500,000 limit on noneconomic damages in a wrongful death case, but this cap does not extend to economic or punitive damages. Moreover, there are some exceptions to the cap, and there are potential legal challenges to the validity of the damages cap. Maximizing the damages recoverable and analyzing whether, in your case, some type of legal challenge to the cap might exist requires an experienced wrongful death lawyer familiar with the statutory framework and legal precedents.
Distribution of Damages in a Wrongful Death Case
Under Oregon law (ORS 30.030) damages recovered in a wrongful death case are distributed as follows:
Payment of legal fees and costs.
Payment of medical, burial, and memorial service expenses.
Damages to beneficiaries apportioned as agreed by the beneficiaries or by the court to each beneficiary in accordance with the beneficiary's actual loss.
Anything left over is distributed to the beneficiaries in the proportions prescribed under the laws of intestate succession of the state of the decedent's domicile or as agreed by the beneficiaries.
An experienced Portland and Beaverton wrongful death lawyer can help you understand these laws and guide you through the distribution process.
The Legal Process for Wrongful Death Claims
Pursuing a wrongful death claim involves several critical steps, including:
Case Investigation: Gathering evidence, such as police reports, medical records, and witness statements.
Evaluation of Damages: Calculating the financial and emotional impact of the loss.
Negotiation: Working with insurance companies or other at-fault parties to try to agree on a fair settlement.
Litigation: Filing a lawsuit and representing your family in court if a fair settlement cannot be reached.
Contact us for A Free consultation
The Law Office of Benjamin B. Grandy is committed to guiding families through this process with care, attention, and a relentless pursuit of justice. Our office has 30+ years of legal experience and has recovered millions of dollars on behalf of our clients. You will not pay a legal fee unless we win your case. Call us to schedule your free consultation and learn how we can help you and your family get through this difficult time.
Last Updated: 1-20-2025
FAQs
-
The statute of limitations for wrongful death claims in Oregon is generally three (3) years from the date of the accident or injury that caused the death. However, certain situations require action much sooner, such as claims involving liquor liability laws or claims against public bodies. Conversely, some circumstances—such as delayed discovery—may allow for more time. With the many exceptions and nuances, the safest course is to consult with an experienced wrongful death lawyer as soon as possible.Do not rely on a website to determine your legal rights. The bottom line is that the passage of time may bar you from pursuing whatever claim you may have. Because time is always important and could be critically short in your case, I recommend you immediately contact an experienced lawyer to determine your rights. If you do not proceed promptly, your legal matter may be barred by a time limit.
-
Families may be entitled to damages for medical expenses incurred by the deceased; funeral and burial expenses; pecuniary loss to the deceased's estate; loss of financial support the deceased would have provided; loss of society, companionship, love, and emotional support; pain and suffering experienced by the deceased prior to passing; and punitive damages may be available in the appropriate case.
-
Under Oregon's Wrongful Death Statute, beneficiaries can include the deceased person's surviving spouse, children (including stepchildren), parents (including step-parents), and other heirs.
-
Yes, stepchildren and stepparents can be considered beneficiaries under Oregon's Wrongful Death Statute. ORS 30.020(3). Determining beneficiary status can get complicated, so consulting with an experienced attorney is recommended.
-
In Oregon, the personal representative of the deceased person's estate files the claim on behalf of the wrongful death statute beneficiaries. However, the investigation and insurance claim can usually be started without an officially appointed personal representative. Surviving family members or other potential beneficiaries may begin this process by consulting with an attorney.
NO FEE UNLESS
WE WIN YOUR CASE
Our law office accepts cases on a contingency-fee basis, which means that you will not pay any legal fee unless we get you compensation.
THE LAW OFFICE OF BENJAMIN B. GRANDY, PC, REPRESENTS PEOPLE WHO HAVE SUFFERED PERSONAL INJURY OR WRONGFUL DEATH THROUGHOUT OREGON INCLUDING IN
Portland, Eugene, Salem, Gresham, Hillsboro, Beaverton, Cornelius, Forest Grove, McMinnville, Woodburn, Canby, Lake Oswego, West Linn, Corbett, Wood Village, Hood River, Gladstone, Tigard, King City, Newberg, Dundee, Molalla, Kaiser, Silverton, Estacada, Astoria, Cannon Beach, Seaside, St. Helens, Scappoose, Damascus, Tillamook, and Oregon City, and in the counties of Multnomah, Clackamas, Washington, Clatsop, Columbia, Marion, Tillamook, Yamhill, Hood River and Lane.