Wrongful Death Attorney in Portland, Oregon
What is wrongful death?
A wrongful death claim arises when a death is caused by the wrongful act or omission of another person or entity. Oregon has recognized a statutory claim for wrongful death dating back to 1862.
Who Can Recover Damages?
Oregon law identifies a class of beneficiaries who may assert a wrongful death claim. This class includes the spouse, children, parents, stepchildren and stepparents of the deceased. To avoid multiple lawsuits stemming from the same incident, Oregon law requires that a wrongful death action be brought in the name of a personal representative, on behalf of all the beneficiaries. The proceeds of the lawsuit are then divided among the beneficiaries by agreement or, if necessary, as directed by the court.
The personal representative stands in the shoes of the person who died (known as the decedent) asserting whatever rights the decedent possessed at the time of death. If the decedent could not have sued the wrongdoer had the decedent lived, then the personal representative cannot sue for wrongful death.
A wrongful death lawsuit is filed by the personal representative on behalf of the estate of the decedent. The personal representative has fiduciary obligations to the estate of the decedent and the other beneficiaries. If the personal representative abuses his or her authority, the beneficiaries may respond by filing a lawsuit against the personal representative.
What if the Incident Happened at Work?
If a person’s death is caused by the negligence of his or her employer, a claim under the workers compensation system often is the only remedy available. Unfortunately, the workers compensation system does not provide full compensation to the surviving family members. There are limited exceptions to the rule that says workers compensation is the exclusive remedy for deaths occurring on the job, such as when the employer fails to pay for workers compensation coverage or intentionally injures the worker.
However, sometimes there are persons or entities besides the employer that share responsibility for the wrongdoing that caused the workers death. Claims against these parties are not limited by the workers compensation system. In addition, special rules apply for death claims involving certain types of workers, such as federal employees, railroad employees, longshoremen, and workers subject to Employer Liability Law (ELL), among others.
Categories of Damages
Compensation in a wrongful death case can include:
Charges for medical expenses and funeral services.
Pain, suffering and loss of income suffered by the decedent between the time of the injury and the death.
Pecuniary loss to the decedent’s estate. This loss is calculated as the amount of savings the decedent would have retained during the remainder of his or her life.
Pecuniary loss of beneficiaries. This is the loss of financial assistance and support that the decedent would have provided to the beneficiaries.
The value of the society, companionship and services the decedent would have provided to the beneficiaries. This category includes items like the value of a parent’s instruction and moral training. It also includes the value of contributions the decedent would have made around the home, such as cleaning, fixing things, tending to the yard, and generally contributing to the household. There is no fixed formula for calculating the value of this category. Instead, the jury is instructed to consider, among other things, the age, ability, life expectancy, health, habits, industry, sobriety and thrift of the decedent.
Punitive damages. Such damages are allowed in cases where the defendant has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm, and has acted with a conscious indifference to the health, safety and welfare of others. Punitive damages are not available in cases involving ordinary negligence. Instead, it must be proved that the defendant engaged in a conduct that is much more culpable.
Wrongful Death vs. Survival Action
If a person is injured due to the wrongdoing of another, but dies of causes unrelated to the injury, then the personal representative may pursue a survival action. In a survival action, the personal representative seeks compensation for pain, suffering, disability, and loss of income suffered by the decedent between the time of the injury and the death. The losses suffered by the beneficiaries are not part of the survival action claim.
The prevailing party in a survival action may recover reasonable attorney fees and costs.
The personal representative may plead both a survival action and a wrongful death action in the same lawsuit as alternative theories of recovery. If the personal representative prevails on the wrongful death claim, the survival action is subsumed within the wrongful death action. If the personal representative does not prevail on the wrongful death claim due to a failure to prove that the injury caused the death of the decedent, then the personal representative can still prevail on the survival action claim.
How Long Do I Have to File a Wrongful Death Claim in Oregon?
Per Oregon Revised Statutes (ORS) § 30.020, you generally have three years from the date of your loved one’s passing to file a wrongful death lawsuit. Once that three-year statute of limitations has passed, you will no longer be able to file a legal claim. Sometimes stricter timelines apply, such as claims against public entities or taverns that over-serve drunk drivers.
Three years seems like a fair amount of time, but it’s best to speak with Portland wrongful death lawyer Rob Kline as soon as possible. Prompt investigation will help ensure the preservation of relevant evidence, and that any witness accounts remain fresh in memory. Rob Kline will listen to you as you share the details of your tragic loss and determine what steps you should take next to seek compensation for the death of your loved one.
Why Choose Rob Kline as Your Wrongful Death Lawyer
Rob Kline has practiced law in Oregon since 1998. He brings decades of experience to every case as well as immense compassion and understanding for the bereaved family.
He Knows Civil Law from Both Sides of the Table
Attorney Rob Kline started his legal career working for insurance companies and large corporations. Now he represents injury victims and the surviving loved ones of those killed in fatal accidents. He can use his knowledge of how both sides negotiate settlements and make their arguments during trial to your advantage.
He Understands 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), published by the Oregon State Bar. He possesses a deep and nuanced knowledge of the state’s wrongful death laws. He can help you understand different aspects of your case, including the challenges you may face while pursuing legal action.
He Is Recognized for His Exceptional Work as an Attorney
Rob Kline has an AV Preeminent Peer Review Rating from Martindale-Hubbell, an esteemed resource for the legal profession founded in 1868. He also has a 10/10 “Superb Lawyer” rating on Avvo, which is a testament to his client-focused approach to personal injury law and wrongful death actions. Rob Kline was also President of the Oregon Trial Lawyers Association (OTLA) from 2023-2024.
Request a Free Consultation to Discuss the Loss of Your Loved One
If you’ve lost a loved one because of a negligent person or entity, Rob Kline is ready to listen. He has helped many Oregonians recover compensation after catastrophic accidents. To set up a free case review to discuss your wrongful death case, contact us in Portland, OR. You can also reach us by phone at (503) 662-9160.
Risk of Fatal Traffic Accidents in Portland
Whether you’re commuting to and from Portland or getting around the city on a bike or by foot, it’s crucial to remain vigilant about your surroundings. The City of Portland estimates that there are 10,000 to 12,000 motor vehicle collisions here every year. Based on a four-year average from 2019-2022, the Oregon Transportation Safety Dashboard found that roughly 6,447 traffic collisions a year resulted in an emergency room visit.
As for fatal accident statistics, the Oregon Department of Transportation (ODOT) recorded 539 traffic-related fatalities in the state in 2024. Of that number, 98 deaths involved pedestrians, 86 deaths involved motorcyclists, 73 deaths involved collisions with commercial vehicles, and 12 deaths involved bicyclists. These numbers need to be taken seriously given the realities of daily commuting and the robust bicycling culture in our state.
If you’ve lost a loved one in a semi-truck crash, a collision with a car or pickup truck, or a bicycle accident, our Portland team can help you seek damages in a wrongful death settlement or lawsuit.
Fatal Accidents at Portland Workplaces
If a person’s death is caused by the negligence of his or her employer, a claim under the workers compensation system is often the only remedy available. Unfortunately, the workers compensation system does not provide full compensation to the surviving family members.
There are limited exceptions to the rule that says workers compensation is the exclusive remedy for deaths occurring on the job, such as when the employer fails to pay for workers compensation coverage or intentionally injures the worker. However, sometimes there are persons or entities besides the employer that share responsibility for the wrongdoing that caused the worker’s death. Claims against these parties are not limited by the workers compensation system.
In addition, special rules apply for death claims involving certain types of workers in Oregon, such as federal employees, railroad employees, longshoremen, and workers subject to Employer Liability Law (ELL), among others.
If you’ve lost a loved one in a construction or industrial workplace accident, we can discuss potential legal remedies at our team in Portland, OR.
What If My Loved One Was Partly at Fault for the Fatal Accident?
Per ORS § 31.600, you may still be able to file a wrongful death lawsuit and recover damages even if the person who died (known as the decedent) was partially responsible for the fatal accident.
Oregon is a modified comparative negligence state. This means a personal representative for the decedent can recover legal damages as long as the decedent was not more than 50% at fault. If the decedent is found to be more than 50% at fault for the fatal accident, no damages can be recovered.
When reviewing your wrongful death claim, Portland attorney Rob Kline can discuss how partial liability may affect the total amount of damages recovered should your case go to trial. He will let you know if settling out of court is a safer option to secure fair compensation.
Contact Our Portland Legal Team About Your Wrongful Death Case
No matter the circumstances that led to the death of your loved one, it’s worth discussing potential legal action with attorney Rob Kline. He can review different aspects of your case and advise you on the most prudent steps to take next. To speak with an experienced lawyer about your wrongful death case, contact our Portland legal team today. You can also request a free consultation with us by phone at (503) 662-9160.
Categories of Damages in Wrongful Death Cases
Compensation in a wrongful death case can cover various losses related to the fatal accident as well as the long-term effects caused by the absence of the deceased. This includes the following:
- Medical and Funerary Costs – Damages can cover any emergency medical care or hospitalization prior to your loved one’s passing as well as expenses related to funeral services.
- Financial and Other Losses Prior to Death – This refers to pain, suffering, and loss of income experienced by the decedent between the time of the injury and their death.
- Pecuniary Loss to the Decedent’s Estate – This loss is calculated as the amount of savings the decedent would have retained during the remainder of his or her life.
- Pecuniary Loss of Beneficiaries – This is the loss of financial assistance and support that the decedent would have provided to the beneficiaries.
Damages Related to the Deprivation of Your Loved One’s Presence
When you lose a loved one, Portland wrongful death lawyer Rob Kline will initiate a claim for the value of the society, companionship, and services your loved one would have provided to your household.
This category of damages includes items like the value of a parent’s instruction and moral training. It also includes the value of contributions the decedent would have made around the home, such as cleaning, repairs, tending to the yard, and generally contributing to the care and maintenance of the household.
There is no fixed formula for calculating the value of this category of damages. Instead, the jury is instructed to consider, among other things, the age, ability, life expectancy, health, habits, industry, sobriety, and thrift of the decedent.
Punitive Damages in a Wrongful Death Case
Punitive damages are not linked to any material or tangible losses like the compensatory damages we’ve noted. Instead, punitive damages are intended to punish the negligent party who caused the fatal accident through their actions or inaction.
Keep in mind that punitive damages are not available in cases involving ordinary negligence. It must be proved that the defendant engaged in a conduct that is much more culpable. As noted in ORS § 31.730, punitive damages are allowed in wrongful death cases in which the defendant has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm, and has acted with a conscious indifference to the health, safety, and welfare of others.
Attorney Rob Kline can review what happened to cause your loved one’s death and determine if you can seek punitive damages in addition to compensatory damages.
Who Can Recover Damages in a Wrongful Death Case?
Oregon law identifies a class of beneficiaries who may assert a wrongful death claim. This class includes the spouse, children, parents, stepchildren, and stepparents of the deceased.
To avoid multiple lawsuits stemming from the same incident, Oregon law requires that a wrongful death action be brought in the name of a personal representative on behalf of all the beneficiaries. The proceeds of the lawsuit are then divided among the beneficiaries by agreement or, if necessary, as directed by the court.
The Role of a Personal Representative in a Wrongful Death Case
The personal representative stands in the shoes of the person who died, asserting whatever rights the decedent possessed at the time of death. If the decedent could not have sued the negligent party had the decedent lived, then the personal representative cannot sue for wrongful death.
A wrongful death lawsuit is filed by the personal representative on behalf of the estate of the decedent. The personal representative has fiduciary obligations to the estate of the decedent and the other beneficiaries. If the personal representative abuses his or her authority, the beneficiaries may respond by filing a lawsuit against the personal representative.
Wrongful Death vs. Survival Action: Understanding the Key Differences
If a person is injured due to the wrongdoing of another party and sues the negligent party, but then dies of causes unrelated to the injury, then the personal representative of the deceased’s estate may pursue a survival action.
For example, say that a man was seriously injured by a reckless driver in a bicycle accident. The bicyclist filed a personal injury lawsuit against the negligent motorist. During the personal injury lawsuit, the bicyclist died due to a sudden heart attack that was unrelated to the injuries he suffered during the accident.
The estate of the deceased bicyclist can proceed with the personal injury claim through a survival action to recover compensation.
What Happens During a Survival Action?
In a survival action, a personal representative for the deceased’s estate seeks compensation for pain, suffering, disability, and loss of income suffered by the decedent between the time of the injury and their death.
It’s important to note that the losses suffered by the beneficiaries are not part of the survival action claim. The losses suffered by the surviving loved ones of the decedent only are recoverable in a wrongful death claim.
Who Receives Compensation in a Survival Action?
The compensation recovered in a survival action goes to the estate of the deceased. The money recovered through a survival action is then distributed to beneficiaries based on the will of the decedent, or the law that applies when the decedent dies without a will. The prevailing party in a survival action may recover reasonable attorney fees and costs.
Can Wrongful Death Claims and Survival Actions Be Combined?
Yes. The personal representative may plead both a survival action and a wrongful death action in the same lawsuit in Oregon as alternative theories of recovery.
- If the personal representative prevails on the wrongful death claim, the survival action is subsumed within the wrongful death action.
- If the personal representative does not prevail on the wrongful death claim due to a failure to prove that the injury caused the death of the decedent, then the personal representative can still prevail on the survival action claim.
During your free consultation with attorney Rob Kline, he can discuss if this legal strategy is applicable to your situation. Contact us in Portland, OR to learn more about wrongful death and survival actions.
Rob Kline Can Represent You
If you have lost a loved one and are considering a wrongful death claim, it is important to act quickly. If you wait too long to take legal action, you may lose your right to seek compensation.
Call today to get a free, confidential case evaluation.
