Wrongful Death

The loss of a loved-one is painful for the family. The law provides a remedy for family members if the death of their loved-one was caused by the wrongdoing of another person.

Oregon and Washington Nursing Homes

In Oregon and Washington nursing homes, neglect and abuse can cause the wrongful death of the resident. The neglect and abuse can be caused by the actions of the nursing home staff and management and/or by defective products: wheelchairs, beds, bed railings, restraints, automatic doors, alarms, lifts, food poisoning, drugs and medications, medical devices, scalding or hot water from plumbing systems, and any other defective product that they come in contact with.

An Oregon or Washington lawyer can help evaluate whether their loved-one suffered a wrongful death from neglect and abuse by: bed sores, also known as bedsores, pressure sores, pressure ulcers; bruises or bruising; broken bones; falls; restraints; malnutrition; over medication or improper medication; untreated illness or untreated injury; poor hygiene; and weight loss.

Oregon's Wrongful Death Statute

An Oregon lawyer may file a wrongful death action in the following circumstance: When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission.

In an Oregon wrongful death action, damages may be awarded in an amount which: (a) includes reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent; (b) would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death; (c) justly, fairly and reasonably compensates for pecuniary loss to the decedent’s estate; (d) justly, fairly and reasonably compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and (e) separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.

If your loved-one has been injured or killed, it is important to have an Oregon or Washington attorney evaluate any personal injury claim that may exist. The law provides strict deadlines for bringing personal injury and death claims. It is critical that you contact an Oregon or Washington injury attorney or an Oregon or Washington accident attorney if you think that a wrongful death claim may exist. A personal injury attorney at Vangelisti Kocher LLP can provide you a free consultation to discuss your legal rights.

For information related to wrongful death in other circumstances, please click on our related site at www.vangelisti.com and then click on Wrongful Death under the Practice Area heading.

Cities Served in Oregon:

Astoria, Warrenton, Seaside, Tillamook, Lincoln City, Newport, Toledo, Florence, Reedsport, St. Helens, Scappoose, Portland, Forest Grove, Aloha, Beaverton, Tigard, Tualatin, Gresham, Lake Oswego, Gladstone, West Linn, Oregon City, Newberg, McMinnville, Molalla, Woodburn, Mount Hood, Keizer, Salem, Silverton, Dallas, Stayton, Lebanon, Sweet Home, Springfield, Eugene, Oceanside, Cottage Grove, Oakridge, Bend, Redmond, Prineville, Madras, The Dalles, Chenoweth, Hood River, Hermiston, Milton, Freewater, LaGrande, Baker City, Burns, Lakeview, Ashland, Klamath Falls, Brookings, Pendleton, Seaside, Medford, Grants Pass, Tri-City, Myrtle Creek, Winston, Roseburg, Green Sutherlin, Coos Bay, North Bend, Reedsport, and Brookings.

Cities Served in Washington:

Bellingham, Anacortes, Oak Harbor, Lynden, Everett, Shorelin, Seattle, Bremerton, Tacoma, Olympia, Hoquiam, Aberdeen, Centralia, Chehalis, Longview, Port Angeles, Neah Bay, Aberdeen, Vancouver, Wenatchee, Spokane, Moses Lake, Walla Walla, Richland, Kennewick, Yakima, Umatilla, Sunnyside, Grandview, Toppenish, Cheney, Ephreta, Kent, Shelton, Hoquiam, Port, Townsend, Centralia, Redmond, Inglewood, Sedre, Wooley, Mount Vernon, Mill Creek, Kikland, Bellevue, Renton, and Auburn.