Wrongful Death

Helping families in Oregon hold wrongdoers accountable for causing the death of a loved one

Our Portland wrongful death lawyers understand the unique challenges involved in representing families when a loved one is not there to testify. We understand that no amount of compensation can bring your loved one back. Our lawyers work to honor your loved one by holding the people who caused your family to die accountable. We see the maximum compensation Oregon law allows for the family members.

What is a wrongful death claim?

A wrongful death claim is a civil claim that holds individuals and companies liable when their negligence causes the death of a loved one. An Oregon wrongful death claim is brought by the personal representative of your loved one’s estate. The personal representative is generally an executor named in your loved one’s will. If your loved one did not have a will, the personal representative is the administrator approved by the local court to handle your loved one’s estate.

Oregon permits a wrongful death claim if your loved one could have filed a personal injury claim if he/she had survived the accident.

Generally, the personal representative has to file the wrongful death claim within three years from the date of the accident. Some shorter time limits and exceptions may apply. The best course of action is to contact our Portland wrongful death lawyers as soon as possible. It’s critical that we investigate the accident site quickly and speak with witnesses while their memories are fresh.

We understand how difficult it is for family members to think about filing a lawsuit after a family member dies. The grief is often unbearable. We fight to obtain the maximum compensation Oregon allows so that the wrongdoers pay for neglecting your loved one. The compensation helps honor your loved one by helping the family members fulfill your loved one’s dreams. The compensation can help pay the mortgage, living expenses, education costs, and other expenses.

Who can claim benefits in a Portland, OR wrongful death claim?

At Philbrook Law, we’ll explain which relatives qualify to receive the proceeds for the wrongful death action. Generally, the beneficiaries include the decedent’s

• Surviving spouse
• Surviving children
• Surviving parents

Other beneficiaries include:

• Any relative who would receive benefits under Oregon’s intestate succession law
• Stepchildren and stepparents

What damages are awarded in wrongful death claims in Oregon?

Under Oregon law, wrongful death damages include:

• The cost of the burial, the funeral, and the memorial services
• The reasonable charges for any hospital bills, doctor’s bills, or other medical services provided for your loved one
• Your loved one’s pain, suffering, loss of income, and disability – from the time of the accident until your loved one passed away
• The pecuniary loss to the estate
• The financial loss of each of the beneficiaries
• The loss of the “society, companionship and services of the decedent”

Our Portland wrongful death lawyers will handle any issues that involve children. Generally, any wrongful death case where a child is a beneficiary requires approval from a judge. Additionally, the funds on behalf of the child are usually placed into a trust or annuity for the child’s behalf until the child turns 18.

What types of accidents cause wrongful deaths in Portland, OR?

At Philbrook Law, we handle a broad range of accidents that may take the life of a family member including:

• Car, truck, and motorcycle accidents. Any vehicle accident can cause the death of a driver or passenger. Head-on crashes and broadside accidents are especially likely to be fatal. Truck accidents are often deadly because the size and mass of a car are simply no match for the size and weight of a truck. Motorcycle riders don’t have the protection of a hood, roof, trunk, or doors.
• Pedestrian accidents and bicycle accidents. Pedestrians and bicycle riders have no protection if they’re struck by a car or another vehicle. In most cases, it’s pure luck that a pedestrian or bicycle rider survives a vehicle crash.
• Premises liability accidents. Customers at hotels, retail stores, apartments, and many other businesses may have a wrongful death claim against the property owner if the customer dies due to falling, being struck by an object, being attacked, or for other reasons. Parents may be able to file a wrongful death on behalf of a child who drowns in a neighbor’s swimming pool.
• Construction work. Our Portland wrongful death lawyers file claims against construction companies that fail to protect drivers, pedestrians, and their own workers – from vehicle accidents, electrocutions, falls from heights, and other types of wrongful deaths.
• Product defects. At Philbrook Law, we file wrongful death claims when defective vehicle parts, machines, consumer goods, and products take the life of your loved one.

What are the challenges in filing a wrongful death claim in Portland, OR?

At Philbrook Law, we have the experience to handle the unique ways a wrongful death claim differs from a personal injury claim:

• The person who has the most information about the case, your loved one, can’t speak. There are rules that help ensure the defendants don’t speak about how the accident happened when your loved one can’t speak for themselves.
• There may be a companion criminal case. For example, if a drunk driver killed your family member, the police may bring DUI charges against a drunk driver.
• Determining damages is different from a personal injury case. Instead of employers verifying a claimant’s lost income, we work with financial professionals who help place a value on a wrongful death claim by examining such factors as your loved one’s life expectancy and sources of income.
• Expectations. The beneficiaries may have different expectations about how much they’re entitled to.

Our Portland, OR wrongful death claims focus on the legal part of your case so you can focus on mourning and honoring your loved one.

Do you have a Portland wrongful death lawyer near me?

Philbrook Law meets the families of loved ones who died due to the fault of others at our Portland, Oregon office located at 107 SE Washington St. Suite 520. We also conduct phone and online conversations.

We’ll answer all your questions and explain how the wrongful death claims process works.

Contact Philbrook Law today when a loved one dies in an accident

At Philbrook Law, we understand just how crushing the loss of a spouse, children, or parent, is. Our Portland wrongful death attorneys are often able to settle wrongful death cases when the liability of the defendants is clear. Many wrongful death cases do settle for the insurance policy limits. Our lawyers are always ready to try your case in court if the insurance company officers are unreasonable. To schedule a consultation at one of our offices in Portland, OR or Vancouver, WA, please call us or complete out our contact form. We handle wrongful death cases on a contingency fee basis.

Rated 5 Stars by Our Clients

Read firsthand accounts from the clients our personal injury attorneys have represented in complex personal injury claims.

“You will not be disappointed. After my first meeting with Matthew I felt confident they were the team for my case. Tiffany provided great communication and assistance during the info gathering phase and also throughout the settlement phase. Thank you so much for going the extra mile.”

“They were able to find his insurance. I highly recommend hiring Matt and Tiffany. They took all of the insurance stress off my shoulders so I could concentrate on helping my son who had many broken bones and surgeries.”

“I reached out to them and within minutes, we had a great conversation. You can tell how much they care about their clients. They also went above and beyond to get the best results for my situation. Would highly recommend. You won't find anyone better!”

“Amanda especially was such a huge help. They handled two back-to-back car accident settlements for me, and I couldn’t be more pleased with the outcome. The entire team was professional, responsive, and made the whole process smooth and stress-free. I truly appreciate their hard work and highly recommend them!”

“Not our fault! The other driver turned left in front of as after he was waved on by another driver. We both had minor to moderate injuries. Our Ford F150 Lightning became undriveable. We went to urgent care! One year later, we were having difficulty in reaching a settlement with the other drivers insurance company after they gave us a low offer. We felt we needed legal advice or assistance. We met with Tiffany Henson, who reviewed our case. She gave us the advice we needed to negotiate with the other insurance, rather than try to take it to court. Tiffany offered to review our letter and gave us further advise. After the insurance company reviewed our letter and statements they doubled the settlement amount and made all of the stipulations we had requested! We can not thank Tiffany enough for her caring personable attitude toward us. Her advise was right on and saved us from more anxiety and stress. If you have an injury accident do not hesitate to contact Philbrook attorneys. They will treat you right.”

“That’s how great these people are. Driving home one night in my shiny new car I was suddenly sandwiched inbetween 2 much larger vehicles. The damage didn’t seem like much at first, but ended up being four years of treatment & life long conservative care. I wasn’t a case that was easy to get treatment for and I felt very lost before I was recommended the Philbrook law team. I actually fired an attorney who had left me with more questions than answers and hired this office. It was the best choice I could have made for myself. They stood by me every step of the way. Thousands of questions and appointments all the way to discovery and settlements. I have recommended them to hundreds of people and will continue to at any given chance. Not once in 4 years did I question if I was in good hands. They really go above and beyond for their clients and I can’t thank them enough. I truly miss hearing from them. I’m sure not everyone can say that about their attorneys. Give them a call, you won’t regret it.”

“I had never needed to hire a lawyer for anything so I didn't know what to expect and I was nervous. Matt and his team were awesome. They helped me throughout the whole process with every question and concern. They were timely, knowledgeable, patient and courteous. I appreciate the hard work everyone contributed to my case and getting me a fair settlement.”

“They did everything to get what I deserved, They work for the best of my interest, and I really have the best experience with her, everyone in there is very polite and respectful. I hope that I will never have the need to hired them again but if I have to I will. If you're reading this review and you're looking a lawyer to represent you in a car accident matter, then don't look any further, they are the best.”

“My recovery treatment took well over a year and took up a lot of time outside of other life stuff. Once they took over my case, a huge weight was lifted from my shoulders and they took on all the burden from there on out. My insurance tried to settle for an absurdly low offer and Philbrook law got a settlement beyond my imagination. And they made it so quick and easy. I would recommend Philbrook law to anyone needing an accident lawyer. They were so efficient and stayed in touch through the whole process. Their whole team works hard to ensure people get the justice they deserve. Couldn't be happy with my settlement outcome!”

“It was very thoughtful, kind and helpful to have good advice, especially after asking another local firm and them not knowing what to do! I will definitely use this law firm in the future. Thank you!”

~ D. Pierce

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