Compassionate, straightforward guidance for families who have lost a loved one due to someone else's negligence.
Losing a family member because of someone else's careless or reckless conduct is a pain that does not fit into words. Our Lake Oswego wrongful death lawyers walk beside families through this process, so you do not have to face the legal system while you are grieving.
Oregon law gives certain family members the right to hold a negligent party accountable and recover compensation for the loss.
This right comes with a deadline that is easy to misunderstand, because it differs from most other injury cases. We are here to explain your options clearly, without pressure, so your family can make the decision that feels right.
Call (503) 564-7713 for a free, compassionate consultation. There is no fee unless we recover compensation for your family.
Table of contents
- What Is a Wrongful Death Claim Under Oregon Law?
- How Long Do We Have to File a Wrongful Death Claim in Oregon?
- Who Is Allowed to File a Wrongful Death Claim?
- Who Can Receive Compensation From a Wrongful Death Claim?
- What Damages Can a Family Recover in a Wrongful Death Case?
- What Kinds of Accidents Lead to Wrongful Death Claims in Lake Oswego?
- How Is a Wrongful Death Claim Different From a Criminal Case?
- Why Choose Pacific Cascade Legal to Handle Your Family's Wrongful Death Claim?
- Ask Pacific Cascade Legal
- Frequently Asked Questions
What Is a Wrongful Death Claim Under Oregon Law?
A wrongful death claim is a civil lawsuit brought when a person dies because of another party's negligence, recklessness, or intentional act. It allows the deceased person's family to pursue financial compensation for their loss, separate from any criminal case.
The claim is filed on behalf of the estate, but the money it recovers generally goes to specific surviving family members.
What Can Lead to a Wrongful Death Claim
Wrongful death claims can arise from car crashes, truck accidents, bus accidents, construction site accidents, medical negligence, and many other situations. The legal question is always the same: did someone else's carelessness cause this death. If the answer is yes, Oregon law provides a path to hold that party accountable.
Our team approaches every wrongful death case with the same litigation focused, level headed advocacy we bring to every claim, balanced with the sensitivity your family deserves during an incredibly difficult time.
How Long Do We Have to File a Wrongful Death Claim in Oregon?
Families generally have 3 years from the date of death to file a wrongful death claim in Oregon. This is different from the standard 2 year deadline that applies to most other personal injury cases.
Missing this deadline generally means losing the right to pursue compensation altogether.
Where This Deadline Comes From
This 3 year rule comes from Oregon Revised Statutes (ORS) 30.020, Oregon's wrongful death statute, which you can read at ORS 30.020. It is longer than the 2 year window under ORS 12.110 that applies to a personal injury claim after an accident where the injured person survived. That difference is one reason families sometimes get confused about which deadline applies to their situation.
When a Shorter Deadline Might Apply
If a government agency, like a public transit provider, may be responsible for the death, an additional and much shorter notice deadline can apply under the Oregon Tort Claims Act. Because these rules can overlap, it is worth talking with a lawyer as soon as your family feels ready, even if that is not right away.
Call (503) 564-7713 for a free consultation to find out how these deadlines apply to your family.
Who Is Allowed to File a Wrongful Death Claim?
Only the personal representative of the deceased person's estate can file a wrongful death claim in Oregon. A personal representative is the person legally appointed to manage the deceased person's affairs and act on behalf of the estate, often named in a will or appointed by a court if there was no will.
This is a formal legal role, not just a family title.
How Someone Becomes the Personal Representative
If your loved one had a will, it often names who should serve as personal representative. If there was no will, a family member, often a spouse or adult child, can ask the court to be appointed to this role. This step happens through the probate court, and our team can help guide your family through it.
Even though only the personal representative can officially file the claim, the case is brought for the benefit of the surviving family members described by law, not just for the estate itself.
Who Can Receive Compensation From a Wrongful Death Claim?
Oregon law identifies specific family members who can benefit from a wrongful death claim, typically the surviving spouse, children, and sometimes parents of the person who died. These beneficiaries do not need to file the claim themselves, since the personal representative does that on their behalf.
How Beneficiaries Are Generally Prioritized
Oregon law does not treat every family member the same way in a wrongful death case. Priority generally follows closeness of relationship and dependency on the person who died.
- A surviving spouse often has the most direct claim for lost companionship and financial support.
- Children can recover for the loss of a parent's guidance, care, and support.
- If the deceased person had no spouse or children, surviving parents may be entitled to bring or share in the claim.
Every family's situation is different, and Oregon law has specific rules about how these claims are shared. We take time to explain exactly how this applies to your family during your free consultation.
What Damages Can a Family Recover in a Wrongful Death Case?
Families can generally recover several categories of damages, including medical and funeral expenses, lost financial support, and the loss of their loved one's companionship. Oregon law also allows recovery for the conscious pain and suffering the deceased person experienced before death, if any. Understanding the damages to seek after an accident can help families recognize the full range of compensation that may be available.
These categories are meant to reflect both the financial and the deeply personal losses a family experiences.
| Type of Damages | What It Covers |
| Medical and funeral expenses | Costs of final medical treatment and funeral or burial arrangements |
| Lost financial support | Income and benefits the deceased person would have provided to the family |
| Loss of companionship and society | The value of the relationship, guidance, and care the family lost |
| Conscious pain and suffering | Compensation for pain the deceased person experienced before death, if applicable |
Oregon generally does not cap non-economic damages, like the loss of companionship, in most wrongful death cases, though a claim against a government agency can be limited under the Oregon Tort Claims Act. We evaluate every category carefully so your family's full loss is represented.
What Kinds of Accidents Lead to Wrongful Death Claims in Lake Oswego?
Wrongful death claims in our area most often arise from car and truck crashes, bus accidents, construction site accidents, and serious medical negligence. Any situation where a person's carelessness causes a fatal injury can potentially support a claim.
Local hospitals like Legacy Meridian Park Medical Center and OHSU's Level 1 trauma center in Portland often treat the most serious cases before a family faces this kind of loss.
The Most Common Causes We See
These are the scenarios that come through our door most often, though they are far from the only ones.
- Traffic fatalities, whether on Interstate 5, area highways, or local Lake Oswego streets
- Workplace and construction fatalities, separate from any workers' compensation benefits the family may receive
- Serious medical negligence
Cases can be filed in Clackamas County Circuit Court, which handles matters arising in our community.
Whatever the cause, our approach stays the same: thorough investigation, early evidence gathering, and honest communication with your family every step of the way.
How Is a Wrongful Death Claim Different From a Criminal Case?
A wrongful death claim is a separate civil case that seeks financial compensation for the family, while a criminal case, if one is filed, seeks punishment through the justice system. These two cases can happen at the same time, and one does not depend on the other.
A criminal conviction is not required for a family to recover compensation.
Why Families Can Recover Even Without Criminal Charges
The government decides whether to bring criminal charges, and prosecutors must prove guilt beyond a reasonable doubt, a very high standard. A wrongful death claim uses a lower standard called the preponderance of the evidence, meaning it is more likely than not that the other party's negligence caused the death.
This is why families can sometimes recover compensation even when no criminal charges are filed.
Our team tracks any related criminal case closely, because evidence gathered there can often support your civil claim as well.
Why Choose Pacific Cascade Legal to Handle Your Family's Wrongful Death Claim?
We bring the same straightforward, level headed advocacy to wrongful death cases that we bring to every case, paired with genuine compassion for what your family is going through.
Pacific Cascade Legal was founded in 2009 by Lewis Landerholm, and our roughly 40 person team includes personal injury attorneys with 35 years and 20 years of experience handling serious and fatal injury claims.
We offer 100% free consultations and work on contingency, so your family pays nothing unless we recover compensation. Our aftercare program and partner referral network exist because we know a lawsuit is only one part of what your family needs during this time.
"It's rewarding to be able to help people through all of their most challenging times in their lives." Lewis Landerholm, founder of Pacific Cascade Legal
More than 340 Google reviews reflect the trust families have placed in our team during their hardest moments.
Ask Pacific Cascade Legal
Here are answers to a few questions families often search before reaching out to us.
Do We Have to Go to Court for a Wrongful Death Claim?
Not necessarily. Many wrongful death claims resolve through negotiation with the responsible party's insurance company, without a trial.
If a fair resolution cannot be reached, we prepare every case as though it will go before a judge, so your family has leverage either way.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Our firm works on contingency, so there is no upfront cost to your family. We only get paid if we recover compensation on your behalf.
Your first consultation is always free, with no pressure to move forward.
What If the Police Have Not Finished Their Investigation Yet?
You can still speak with a lawyer while a police investigation is ongoing. In fact, early legal help can ensure evidence is preserved before it is lost, regardless of how long the official investigation takes.
We can begin our own investigation right away.
Can We File a Wrongful Death Claim If There Was No Criminal Charge?
Yes. A wrongful death claim does not require criminal charges to be filed against anyone. Civil and criminal cases follow separate rules and different standards of proof, so your family's right to pursue compensation stands on its own.
Frequently Asked Questions
What If Our Loved One Did Not Have a Will?
Your family can still bring a wrongful death claim even without a will. The probate court can appoint a personal representative, often a spouse or adult child, to manage the estate and file the claim on the family's behalf.
We can walk you through this process.
How Is a Wrongful Death Settlement Divided Among Family Members?
Oregon law sets out categories of beneficiaries, and compensation is generally divided among them based on their individual losses, such as lost financial support or loss of companionship. The personal representative and the court help ensure this division follows the law.
We explain exactly how this could apply to your family during your free consultation.
Can More Than One Family Member File a Wrongful Death Claim?
Only the personal representative can officially file the claim, but the case is brought for the benefit of all eligible surviving family members, not just one person. Multiple relatives can share in the compensation recovered, according to Oregon's beneficiary rules.
This helps prevent disputes over who has the right to pursue the case.
What If We Are Not Sure Who Caused the Accident?
That uncertainty is common, and it does not stop us from helping you. Our team investigates the circumstances of the accident to identify every potentially responsible party, using police reports, witness accounts, and available records.
You do not need to have all the answers before you call us.
If your family has lost someone you love because of another person's negligence, you do not have to face this process alone.
Call Pacific Cascade Legal at (503) 564-7713 for a free, compassionate consultation, and let our Lake Oswego wrongful death lawyers help your family find a path forward.