If you recently lost a loved one, then a wrongful death lawsuit might be on your mind. Such a lawsuit is an excellent way of getting the compensation that you might sorely need, so it is certainly an option to seriously consider. However, lawsuit rules can vary dramatically from state to state, which means that you need to familiarize yourself with exactly how your state treats lawsuits. To help you out with that, here are some of the key laws to consider when it comes to filing a wrongful death lawsuit in Oregon:
The Statute of Limitations
When it comes to filing a lawsuit for a wrongful death, there are some pretty specific restrictions on when you can file the lawsuit. This limit is the statute of limitations, which happens to be 3 years in Oregon.
However, this can get a little confusing when you learn that the statute of limitations starts counting from the date of the accident that led to the death, rather than from the date of the death itself. In other words, if your loved one got into a car accident that resulted in injuries that led to his or her death 2 years after the accident, then you will need to sue them within 3 years of the accident, rather than within 3 years of the death. This means that you would only have 1 year to actually file the lawsuit from the date of their death to the end of the statute of limitations.
It's important to note that the wrongful death statute of limitations is actually longer than the personal injury statute of limitations, which is only 2 years. This can play a pretty big role in your legal options, especially when it comes to deciding whether you should file a personal injury lawsuit now or wait and file a wrongful death lawsuit after your loved one has passed on.
Parties That Can File
It's also important to figure out whether or not you can actually file a lawsuit for your loved one. Oregon is fairly lenient, allowing family members to file, including spouses, parents, children, siblings, or other relations. If you can prove a close tie to the deceased, then you stand a good chance of being allowed to file.
It can be a bit more difficult to determine who can benefit from the damages, but that will often be divided according to the will of the deceased. Contact a law firm, such as Bangel, Bangel, & Bangel, for more information.Share
23 February 2016
When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.