There are few experiences more devastating than losing someone you love because of another person's carelessness. The grief is compounded by anger, by unanswered questions, and often by sudden financial strain. No lawsuit can undo that loss or fill the space a person leaves behind. What the law can do is hold the responsible party accountable and provide the surviving family members with a measure of justice and stability as they move forward.
At DeShaw Law, we believe the first priority is family, not money. We help families understand what happened, why it happened, and what their rights are under the law. Then we turn to pursuing the full compensation that Oregon and Washington law allow. This guide explains how wrongful death claims work, who can bring them, what they can recover, and why the choice of attorney matters so much.
If someone you loved experienced a wrongful death, call us at (503) 227-1233 for a free consultation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil case brought when a person dies as a result of another party's negligent, reckless, or intentional conduct. It is, in essence, a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that result in the death of the decedent. A wrongful death action is separate from any criminal case. A driver might be prosecuted by the state for criminally negligent homicide, DUI or reckless driving, while the family independently pursues a civil wrongful death lawsuit for the harm the death caused them.
In Oregon, a wrongful death action is governed by statute, and it exists to compensate the people who depended on the person who died. The same is true in Washington, though the specific rules differ. Understanding the framework for wrongful death claims in Oregon, and how they compare to the law across the river, is the first step toward protecting your family's interests.
Read More from DeShaw Law: Portland Personal Injury Attorney Explains Your Rights After an Oregon Accident
Who Can File a Wrongful Death Case?
In Oregon, an individual family member usually cannot file a wrongful death case directly. Instead, the claim is brought by the personal representative of the deceased person's estate. The personal representative is the person appointed to manage the estate, sometimes named in a will and sometimes appointed by the court. That representative brings the case on behalf of the statutory beneficiaries, which typically include the surviving spouse, children, and parents of the person who died.
This structure means that before a family can file a wrongful death claim, the estate often needs to be opened and a personal representative appointed. An experienced attorney handles this process so that the family can focus on grieving rather than on procedure. If you are unsure who should serve as personal representative, or whether an estate has been opened, that is one of the first things a lawyer will help you sort out.
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Call us at (503) 227-1233 for a free consultation with a Portland wrongful death lawyer.
Common Types of Wrongful Death Cases
Preventable deaths take many forms, and the types of wrongful death cases we see reflect the range of ways negligence can turn deadly. Some of the most common include the following.
Motor vehicle collisions are among the leading causes of wrongful death. A fatal crash involving a passenger car, a motorcycle, or a pedestrian can arise from a distracted, impaired, or reckless driver. Car accidents that seem ordinary can turn catastrophic in an instant, and a single moment of inattention behind the wheel of a motor vehicle can cost a life.
Commercial truck collisions are a distinct and especially dangerous category. When a fully loaded semi weighing tens of thousands of pounds strikes a smaller vehicle, the results are frequently fatal. Truck accidents involve layers of potential liability, from the driver to the trucking company to cargo loaders and maintenance contractors, and they are governed by federal regulations that ordinary auto cases are not.
Medical malpractice can also give rise to a wrongful death claim when a preventable medical error, a misdiagnosis, a surgical mistake, or a failure to treat leads to a patient's death. These cases require careful proof that a provider deviated from the accepted standard of care and that the deviation caused the death.
Other cases arise from defective products, dangerous premises, workplace incidents, and drunk or drugged driving. What unites all of them is a simple truth: someone else's failure to act reasonably ended a life that should still be here.
Read More from DeShaw Law: When Do Truck Accidents Become Fatal? A Portland Truck Accident Attorney Explains
The Statute of Limitations: Why Time Matters
Every wrongful death claim is subject to a statute of limitations, which is the legal deadline for bringing the case. In Oregon, a wrongful death action generally must be filed within three years of the date of the injury that caused the death, though certain circumstances can shorten or alter that window. Washington has its own deadlines that differ from Oregon's.
Some deadlines are far shorter than the general rule. If a public body is involved, such as a city bus or a government vehicle, a formal tort claim notice may be required within a matter of months. Missing that notice can bar an otherwise valid claim entirely. This is why families should speak with a lawyer as early as possible, even while the loss is still fresh. Waiting can quietly cost a family its right to recover anything at all.
Beyond the legal deadline, time matters for a practical reason. Evidence disappears. Vehicles are repaired or scrapped, surveillance footage is overwritten, witnesses move or forget, and physical evidence at the scene is cleared away. The sooner an attorney begins investigating, the stronger the case will be. Call us at (503) 227-1233 for a free consultation.
Read More from DeShaw Law: Fatal Oregon Semi Truck Crash Leads to 48-Year Prison Sentence
What Wrongful Death Damages Can a Family Recover?
Wrongful death damages are meant to address both the tangible and the intangible harms a family suffers. While no amount of money can measure the value of a human life, the law recognizes several categories of loss.
Economic damages cover the measurable financial harm. This includes the medical bills incurred in trying to save the person's life, funeral and burial expenses, and, importantly, the loss of financial support the deceased would have provided to the family. For a family that relied on a parent's or spouse's income, this loss of future earnings and support is often substantial and central to the case.
Non-economic damages address the human losses that have no receipt. These include the loss of the deceased person's companionship, society, guidance, and care, as well as the grief and suffering of the surviving family members. In some cases, the law also allows recovery for the conscious pain and suffering the person experienced before death.
Where the conduct that caused the death was especially egregious, such as a grossly impaired driver, punitive damages may also be available to punish the wrongdoer and deter similar conduct. Valuing all of these elements correctly requires experience, because insurers and defendants routinely try to minimize each one.
Read More from DeShaw Law: "What Is My Case Worth?" 7 Factors That Affect Case Value
How Insurance Companies Approach Wrongful Death Claims
Families are sometimes surprised to learn that the insurance companies on the other side are not neutral parties trying to be fair. Their business model depends on paying as little as possible, and wrongful death claims, because of their high value, receive particular scrutiny. Adjusters may contact a grieving family quickly, express sympathy, and then push for a fast settlement before the family understands what the claim is truly worth. They may dispute liability, question whether the deceased was partly at fault, or downplay the family's losses.
For more than twenty years, Dr. DeShaw has studied the software and internal methods insurers use to undervalue claims, and he has written the leading book on the subject. That knowledge shapes how our firm prepares every demand and every case. A family in mourning should never have to match wits with a team of adjusters and defense lawyers alone.
Before you settle with insurers, talk to an experienced Portland wrongful death lawyer first. Call us for your free consultation.
Why the Right Portland Wrongful Death Lawyers Matter
Not all personal injury lawyers handle wrongful death cases with the same skill, and the choice of counsel can dramatically affect the outcome. Insurers track lawyers by their history. A firm known for quickly settling will receive lower offers, while a firm with a strong trial record commands higher offers before a lawsuit is ever filed.
The most effective wrongful death attorneys combine legal skill with a deep understanding of the injuries and events that led to the death. Our lead attorney, Dr. Aaron DeShaw, was a Doctor of Chiropractic before he became a lawyer, with more than 4,000 hours of medical classroom study. That background allows our firm to understand the medicine in a fatal injury case as well as the law. Our firm has obtained more than one billion dollars in settlements and verdicts, including the largest personal injury verdict in Oregon history, a case that arose from a drunk driver. Other attorneys across Oregon and Washington refer their most serious cases to us and hire us as trial counsel.
When you retain experienced Portland wrongful death lawyers, you gain advocates who will investigate thoroughly, identify every responsible party, stand up to the insurance companies, and, if necessary, take your case before a jury. Just as importantly, you gain a legal team that treats your family with the compassion this moment demands.
Speak With a Portland Wrongful Death Attorney
If you lost a family member because of someone else's negligence anywhere in Oregon or Washington, you do not have to navigate this alone, and you should not wait until a deadline forces a rushed decision. Our firm can help you understand your rights, open the estate if needed, appoint a personal representative, and pursue the justice and financial recovery your family deserves.
We invite you to schedule a free consultation with our team. The initial call and consultation with a lawyer are available to you at no cost and with no obligation to hire us. Call our office at (503) 227-1233 to speak with a Portland wrongful death attorney who understands both the law and the loss you are carrying.