Have you lost a spouse or family member in a fatal accident? We encourage you to speak with our Oregon wrongful death lawyer team as soon as you can. During a free consultation, attorney Rob Kline can review what happened and let you know if you should pursue a wrongful death claim.
Statute of Limitations for Wrongful Death Claims in Oregon
Per Oregon Revised Statutes (ORS) § 30.020, you typically have three years from the date of your loved one’s death to file a wrongful death claim. Once that three-year deadline has passed, you will not be able to seek legal action.
There are exceptions to this three-year statute of limitations, however. There is a shorter statute of limitations for wrongful death claims against public entities or against taverns/bars that contributed to a fatal car accident because of over-serving an intoxicated patron.
Please do not delay in seeking legal action. It’s in your best interests to contact a Oregon wrongful death attorney as soon as possible. Our team can start investigating the circumstances of your loved one’s death, preserve relevant evidence, and locate any witness before they are lost to time. During the consultation, Rob Kline will let you know what steps to take next to seek compensation for the passing of your loved one.
Why Families Select Rob Kline as Their Trusted Wrongful Death Lawyer
Practicing law in Oregon since 1998, attorney Rob Kline brings decades of legal experience to every case as well as immense compassion for bereaved families.
He Understands Civil Law from Both Sides of the Table
Attorney Rob Kline began his legal career working for large corporations and insurance companies. He now represents accident victims and the surviving loved ones of people who sustained fatal injuries. By knowing how both sides operate, he can use his knowledge to negotiate better settlements and anticipate the other side’s potential arguments during a trial.
He Has In-Depth Knowledge of Oregon Wrongful Death Statutes
Rob Kline is one of the lead authors of the “Wrongful-Death and Survival of Personal-Injury Actions” chapter in Tort Law in Oregon (2024 Edition), a two-volume book published by the Oregon State Bar. He can use his nuanced knowledge of the state’s wrongful death laws to explain various aspects of your case in a language you can understand.
He Is Recognized for His Exemplary Work as a Lawyer
Rob Kline served as President of the Oregon Trial Lawyers Association (OTLA) from 2023-2024. He has an AV Preeminent Peer Review Rating from Martindale-Hubbell, a well-regarded resource for the legal profession founded in 1868. He also has a 10/10 “Superb Lawyer” rating on Avvo, which speaks to his client-focused approach to wrongful death claims and survival actions.
Request a Free Consultation to Discuss the Loss of Your Loved One
If you’ve lost a spouse or family member because of the negligent or reckless behavior of another person or party, Rob Kline is ready to help. To discuss the loss of your loved one in a free consultation, contact us today. You can also reach us by phone at (503) 482-6362.
Fatal Car Accidents in Oregon
According to the Oregon Department of Transportation (ODOT), there were 539 traffic fatalities in the state in 2024. Incidents involving passenger vehicles comprised 343 of those collision fatalities. In addition to cars, pickups, and SUVs, passenger vehicles also cover rideshare vehicles from companies like Uber and Lyft.
Attorney Rob Kline can help with wrongful death claims related to fatal car accidents throughout the state. This includes crashes caused by drunk drivers. During the consultation process we can discuss filing a lawsuit against intoxicated motorists to address the losses associated with the death of your loved one.
We can also review potential liability for social hosts and commercial establishments that provided alcohol or cannabis based on ORS § 471.565. As noted earlier, the statute of limitations for these kinds of wrongful death claims is much shorter than the traditional three-year timeframe, which is why it’s important to speak with an Oregon wrongful death lawyer as soon as you can.
Fatal Semi-Truck Accidents in Oregon
Numbers from the ODOT show that 73 collision fatalities in 2024 involved commercial motor vehicles (CMVs). CMVs cover semi-trucks as well as delivery vehicles, buses, step vans (bread trucks) cargo vans, taxis, and heavy equipment. Yet 18-wheelers pose a number of risks given how common they are on the road and the massive blind spots around these vehicles. There’s also the danger of driver fatigue given the long hours that truckers spend behind the wheel.
Our Oregon attorney can help with wrongful death claims after deadly tractor-trailer and big rig accidents. We can hold negligent truck drivers as well as trucking companies accountable for causing a fatal crash.
Fatal Motorcycle Crashes in Oregon
The ODOT also reported 86 fatalities in 2024 related to motorcycle collisions. Even with a helmet and proper protective gear, motorcyclists are extremely susceptible to catastrophic injuries. Sometimes these injuries prove fatal.
We can help you if you lost a loved one in a fatal motorcycle crash. If another motorist caused or contributed to the fatal motorcycle crash, we can seek damages for their negligent actions. While reviewing the evidence of the accident, we can also determine if mechanical failure or faulty maintenance were factors in the fatal crash and discuss legal action against negligent vehicle makers, parts manufacturers, or repair and maintenance professionals.
Fatal Bicycle Accidents in Oregon
There were 12 bicyclist fatalities in Oregon in 2024 according to the ODOT. This is a major cause for concern for people who live in what is considered a bike-friendly city like Portland. It should also be troubling to other cyclists located throughout the state given the enthusiasm for cycling. Even in communities where cycling is part of daily life, serious bicycle accidents can occur because of negligent commuters and other drivers.
If you’ve lost a loved one in a fatal cycling accident, attorney Rob Kline can discuss what happened with you and let you know if you have a wrongful death claim worth pursuing.
Fatal Pedestrian Accidents in Oregon
The ODOT recorded 98 deaths involving pedestrians in 2024. As with bicyclists, pedestrians are extremely vulnerable to injury. Even when people stick to the sidewalk, abide by traffic signals, and cross at designated crosswalks, there’s still a risk of fatal pedestrian accidents. These may be due to driver distraction, drunk driving, speeding or other reckless driving. Our team can review your legal options after losing a loved one in a fatal pedestrian accident.
For additional resources on pedestrian statutes in the state, Rob Kline authored the Oregon Pedestrian Law Guide, which is part of the OTLA Automobile Litigation Deskbook series published by the Oregon Trial Lawyers Association. This is a useful resource to check on, and includes local pedestrian ordinances for different cities and towns throughout the state.
Fatal Shootings and Firearm Incidents in Oregon
According to the Centers for Disease Control and Prevention (CDC), there were 655 deaths from firearms in Oregon in 2022. Gun violence is of particular concern when it comes to children, who can be seriously injured or killed because of irresponsible gun ownership that leads to negligent discharges. Citing data collected by the National Violent Death Reporting System (NVDRS) from 2003–2021, a 2023 CDC report found that 1,262 children up to 17 years old were killed because of unintentional shootings. One-third of the victims were ages 11–15.
Attorney Rob Kline has worked on cases that involve shootings and gun accidents. He can determine if a tragic shooting or negligent discharge warrants a wrongful death claim against the shooter, the gun owner, or an entity that fails to provide adequate security measures when there is a foreseeable risk of harm from criminal activity on the property.
Fatal Industrial Accidents in Oregon
After losing a loved one in a work-related construction/industrial accident, there’s an assumption that surviving loved ones are only eligible for death benefits through workers’ compensation. While helpful, workers’ compensation does not fully compensate a household for the full extent of the decedent’s passing. However, you may be able to seek legal action against another party or entity besides the decedent’s employer if that party or entity caused or contributed to the fatal work accident.
We can discuss what happened to your loved one and if you are eligible for remedies beyond workers’ compensation. Rob Kline will consider the nature of the fatal accident as well as Oregon’s rules pertaining to wrongful death claims.
Types of Damages in Wrongful Death Lawsuits
The compensation that may be recovered in a wrongful death lawsuit covers different losses caused by the death of your loved one, including the long-term repercussions of their passing. This includes:
- Medical Costs Prior to Death – This refers to any emergency medical care or hospitalization prior to your loved one’s death.
- Financial and Other Losses Prior to Death – This refers to the pain, suffering, and loss of income the decedent experienced between their injury and their passing.
- Funeral Expenses – This refers to the expenses associated with funeral services.
- Pecuniary Loss to the Decedent’s Estate – This refers to the amount of savings that the decedent would have accrued during the remainder of their life.
- Pecuniary Loss of Beneficiaries – This refers to the loss of financial support that the decedent would have provided to their beneficiaries.
- Loss of Society and Companionship – Loss of society and companionship refers to parental instruction, home improvements, and other contributions the decedent would have made to their beneficiaries had they not died.
Punitive Damages in Wrongful Death Lawsuits
Punitive damages are intended to punish the negligent party who caused a death through their wrongful actions or inaction. These kinds of damages are not tied to the decedent’s financial or tangible losses like the compensatory damages discussed above.
Punitive damages are available in certain wrongful death claims in the state. ORS § 31.730 provides the standards for awarding punitive damages. In basic terms, there must be clear and convincing evidence that:
- The defendant acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm, and
- The defendant acted with a conscious indifference to the health, safety, and welfare of others.
Our team can determine if you are eligible to seek punitive damages in your case in addition to compensatory damages.
You Can Still File a Lawsuit in Oregon Despite Partial Fault of the Decedent
Per ORS § 31.600, surviving family members may still be eligible to file a wrongful death lawsuit even if the decedent was partly responsible for the fatal accident. This is because Oregon is a modified comparative negligence state.
Modified comparative negligence means that a personal representative for the decedent can recover damages as long as the decedent was not more than 50% at fault. No damages can be recovered if a jury finds that the decedent is more than 50% at fault for the fatal accident.
Attorney Rob Kline can discuss how partial fault in a fatal accident could affect your wrongful death claim. In some cases, clients may be able to secure more compensation if they settle out of court rather than taking their wrongful death case to trial. In other cases where the insurance company for the at fault party refuses to pay full and fair compensation, clients may be able to obtain more compensation from a jury.
Survival Actions in Oregon
Say that a person who is seriously injured in a bicycle accident sues the negligent party, but then the injured person dies of medical issues unrelated to the bicycle accident. A survival action allows the personal representative for the decedent to proceed with the personal injury claim through a survival action.
During the survival action, the personal representative can seek compensation for the decedent’s pain, suffering, and financial losses suffered between the initial accident and the decedent’s death from unrelated causes. In a survival action, the prevailing party may recover attorney fees from the other side which can facilitate resolution of a case.
Can I Combine a Survival Action and Wrongful Death Claim in Oregon?
Yes, the personal representative can plead both a survival action as well as a wrongful death action in the same lawsuit. These are alternative theories of recovery.
Our team can discuss if you should combine a survival action with a wrongful death claim in your case. To speak with an experienced Oregon wrongful death attorney near you, contact our office. You can also call to request a free consultation at (503) 482-6362.
