What is an Oregon wrongful death claim?
A wrongful death claim under ORS 30.020 is used when someone's actions, or failure to act, caused a death. Only one person can file it: the person an Oregon probate court puts in charge of the estate (the personal representative). Family members cannot file on their own. That person files for the family members Oregon law names — the spouse, children, parents, and stepchildren or stepparents who qualify — plus others who would inherit if there were no will. The claim is also built on the rights the person who died had. If that person could not have sued while alive, the estate cannot sue over the death.
What is an Oregon survival claim?
A survival claim under ORS 30.075 keeps an injury claim alive after the injured person dies. It is used when someone is injured by the negligent actions of another but dies before they can assert their claim. Say someone is hurt in a crash and later dies of an unrelated illness. The estate can still bring that injury case. Under ORS 30.075(3), the claim covers what the person went through between the injury and the death: the disability, the pain, and the income they lost. That money goes to the estate rather than straight to the family.
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How a Portland wrongful death attorney decides which claim to file
Oregon courts have drawn a clear line. If the wrong caused the death, the case is a wrongful death claim under ORS 30.020, not a survival claim. If the wrong caused an injury and something else caused the death, ORS 30.075 is the right fit. When the cause of death is truly in doubt, such as a missed cancer diagnosis, Oregon allows both claims to be filed as alternatives. If the wrongful death claim wins, the survival claim folds into it. The estate is not paid twice for the same loss.
Deadlines for Oregon wrongful death and survival claims
In Oregon, a wrongful death case usually has to be filed within three years of the day the injury that caused the death was discovered, or should have been discovered. It can never be filed more than three years after the death itself. Other deadlines are shorter. Claims against a government agency, a product maker, or a medical provider each run on their own clock. Because the three-year period can start before the death, families often have less time than they expect.
Schedule Your Free Consultation Today
Dr. Aaron DeShaw, Esq., P.C. handles wrongful death cases in Portland and across Oregon. A free consultation is a conversation: what happened, which claim Oregon law allows, and what deadlines are running. There is no obligation and no charge for the call. Reach the firm at (503) 227-1233 or through the client inquiry form.