Losing a loved one under any circumstances is not easy. No kind words or monetary compensation is enough to bring back someone’s life. The death of someone close to you hurts even more when you realize that the accident was preventable and caused due to someone’s act of negligence.
You deserve justice if you have lost a loved one in a personal injury incident. While it is not fair to you to deal with complex legal matters while handling your emotions, the responsible party should not get away with it. Along with monetary compensation, you could also demand punitive damages. Speak to a Salem personal injury attorney to explore your legal options.
What is meant by a wrongful death lawsuit in Oregon?
According to the law in Oregon, a wrongful death occurs when a person dies because of another party’s negligence, carelessness, or recklessness. In other words, wrongful death occurs when a person fails to take safety measures which leads to someone’s death. When a person dies under such circumstances, their immediate family members become entitled to damages.
What is the statute of limitations for a wrongful death claim in Oregon?
All personal injury lawsuits must be filed within a specific time frame, and wrongful death cases are no exception. In Oregon, the statute of limitations to file a wrongful death claim in Oregon is three years from the date of the victim’s last injury. If the family members fail to file a case within three years, they legally lose their right to recover compensation any further.
It is important to note that the clock starts ticking from the date of the victim’s last injury, not death. This is different from the date of the death, which is followed in many other states.
For example, if the victim had been in an accident and succumbed to their injuries after three weeks, the wrongful death case must be filed within three years from the date of the accident.
Is there any exception to the three-year limitation period?
Yes, but these exceptions are extremely limited. If the victim’s family could not have discovered the actual cause of death until sometime after the individual’s death, they may be permitted to bring a wrongful death claim outside the three-year timeframe. However, this is an extremely difficult discourse to undertake. Your attorney may take the help of expert witnesses to establish evidence.
