Experienced Portland Wrongful Death Attorney
Losing a loved one to someone else’s negligence is a pain no family should have to bear. Our Portland wrongful death attorney team is here to help you seek justice and begin to heal.
When a loved one’s death is the outcome of another party’s negligence, the effect on one’s life is impossible to measure. Losing a loved one means not just loss of companionship, but also family income, future plans, and unexpected costs. While nothing could ever fully replace the person you lost, Oregon law provides a way to soften these effects—while holding the responsible party accountable.
If you are considering whether to file a wrongful death claim, an experienced Portland wrongful death lawyer can protect your family while you grieve.
As an Oregon wrongful death lawyer team of nationally recognized personal injury lawyers, we do things differently here at Barton Trial Attorneys. We are not a mass-media advertising law firm, funneling clients through an assembly line; we are a boutique firm that devotes two trial attorneys and a full staff to ten or fewer cases at a time. We are known not just for outstanding results, but also for providing a caring, compassionate experience for all of our clients.
Barton Trial Attorneys: Compassionate Help after Devastating Loss
A wrongful death lawsuit can never replace the person you lost. A Portland wrongful death attorney can only ease your financial burden, expose what happened, and bring accountability to the responsible party. Our wrongful death attorneys handle the insurance companies and the paperwork so you can focus on grieving, processing and finding your feet after unfathomable loss.
Our experienced trial attorneys can collect money for your loved one’s medical bills, funeral and burial costs, as well as lost income and support for the surviving family. You may also be able to collect for your loved one’s pain and suffering before their death, as well as the loss of companionship their absence creates. Whether the death arose from a motor vehicle collision, a dangerous product, or medical negligence, we will pursue full, fair compensation under Oregon wrongful death law.
Schedule a free consultation with a Portland wrongful death lawyer today.
Wrongful Death? Act Quickly to Protect Your Rights
After a fatal accident, the insurance companies spring into action to evaluate (and, frequently, undervalue) your claim. Adjusters may pressure a grieving family to give a statement, accept a lowball offer, or settle before anyone knows the full extent of the loss. Meanwhile, you are trying to arrange a funeral and hold your family together.
That is where an experienced Portland wrongful death attorney makes the difference. We handle the investigation, the negotiations, and the pressure so you can grieve. As personal injury lawyers, we know how insurers value these claims, and we know how to pursue the maximum compensation your family is actually owed.
Oregon law sets a strict deadline to file a wrongful death claim, so the sooner you call, the more we can do. To begin, call Barton Trial Attorneys at (503) 203-0015 to schedule a free consultation.
How To Find the Best Wrongful Death Attorney
Not every personal injury firm is equipped to handle a wrongful death case. These claims are emotionally difficult, factually complex, and expensive to prove. When you are choosing among wrongful death attorneys, look for:
- Real trial experience. Insurers pay more when they know a firm is willing and able to take a case to a jury. Ask about actual verdicts, not just settlements.
- A track record with cases like yours. A firm that has handled deaths from car accidents, medical malpractice, or defective products will understand the medicine, the evidence, and the experts your case needs.
- The resources to fund a case. Wrongful death cases require expert witnesses and significant up-front costs. Make sure the firm can advance them.
- Focused attention, not an assembly line. A boutique firm that takes on a limited number of cases can give your family the time and care it deserves.
- A contingency fee and a free consultation. You should never pay out of pocket. Reputable wrongful death lawyers work on contingency — no fee unless they recover for you.
- A track record of compassion. You are trusting this firm with the memory of someone you loved. We believe your wrongful death lawyer should treat your family accordingly.
At Barton Trial Attorneys, we treat every client like a member of our family. We invite you to discover our Core Values, and peruse our Testimonials. Contact us when you’re ready for a free, confidential consultation about your legal rights.
Who Can Bring a Wrongful Death Claim in Oregon
Under Oregon law, a wrongful death action is brought by the personal representative of the deceased person’s estate. The personal representative files on behalf of the statutory beneficiaries typically the surviving spouse, children, and parents. Any recovery is distributed among them according to their losses.
Because only the personal representative can file a wrongful death lawsuit, one of the first steps in many cases is having the court appoint that person. An experienced attorney can guide your family through this process quickly so that no deadline is missed.
Oregon Wrongful Death Laws
Three-year deadline to file (ORS 30.020)
In most Oregon wrongful death cases, the personal representative has three (3) years from the date the injury causing death was discovered, or reasonably should have been discovered, to file a lawsuit. Different deadlines can apply to claims against a public body, which generally require written notice within a shorter window under the Oregon Tort Claims Act. Because these rules are unforgiving, it is wise to speak with an Oregon wrongful death lawyer well before any deadline approaches.
Damages available (ORS 30.020)
Oregon’s wrongful death statute allows recovery for the deceased’s medical and funeral expenses, the deceased’s conscious pain and suffering before death, lost earnings and the financial support the family would have received, and the loss of the society, companionship, and services of the deceased. In cases of egregious conduct, punitive damages may also be available.
Speak with an Oregon Wrongful Death Lawyer
Frequently Asked Questions
What is wrongful death?
Wrongful death is a death caused by the negligent, reckless, or intentional act of another person or company. Examples include fatal car accidents and motor vehicle crashes, medical malpractice, defective products, and unsafe premises. When someone dies because another party failed to act with reasonable care, Oregon law allows the family to seek compensation.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim brought on behalf of a deceased person’s survivors and estate to recover for the losses caused by the death. It is separate from any criminal case. The goal is to hold the responsible party accountable and to compensate surviving family members for losses such as lost income, funeral costs, the deceased’s pain and suffering, and the loss of companionship.
Who can file a wrongful death lawsuit in Oregon?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Oregon. The personal representative acts on behalf of the statutory beneficiaries — generally the surviving spouse, children, and parents. If no personal representative has been appointed, the court can appoint one, and an attorney can help your family complete this step.
What is the statute of limitations for wrongful death in Oregon?
Generally, three (3) years from the date the injury causing death was discovered, or reasonably should have been discovered, under ORS 30.020. Shorter notice deadlines apply to claims against government entities. Because exceptions exist and missing a deadline can end a claim entirely, it is safest to consult an attorney as soon as possible.
Are wrongful death settlements taxable?
In general, the portion of a wrongful death settlement that compensates for the death and related physical injuries is not treated as taxable income under federal law. However, some components — such as punitive damages and certain interest — may be taxable. Tax treatment depends on your specific circumstances, so we recommend confirming with a tax professional. (This is general information, not tax advice.)
How much does it cost to hire a wrongful death attorney?
We handle wrongful death cases on a contingency fee, which means there is no upfront cost and no fee unless we recover for you. Our initial consultation is always free and we never ask for a retainer to work together.
Grieving a Preventable Loss? Talk to a Portland Wrongful Death Attorney Today
If you have lost a loved one because of someone else’s negligence, you do not have to face the insurance companies alone. Oregon law sets strict deadlines for bringing a wrongful death claim, so the sooner you call, the more we can do to protect your family’s rights.
Call (503) 203-0015 to schedule a free consultation with Barton Trial Attorneys. We take no fee unless we win.
Barton Trial Attorneys: Where you’re not a file. You’re family.