Wrongful Death Lawsuits in Oregon
Who can bring a wrongful death claim in Oregon, the deadline to file, and any limits on damages.
Short answer: The personal representative of the estate brings the action, for the benefit of the surviving spouse, children and parents, other people who would inherit under intestate succession law, and any stepchild or stepparent. Or. Rev. Stat. § 30.020
| Who can sue for wrongful death | The personal representative of the estate brings the action, for the benefit of the surviving spouse, children and parents, other people who would inherit under intestate succession law, and any stepchild or stepparent. Damages can include medical and funeral costs, the person's pain and lost income before death, pecuniary loss to the estate, and the family's pecuniary loss and loss of society and companionship. Source: Or. Rev. Stat. § 30.020 |
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| Wrongful death deadline | Three years after the injury causing death is discovered or reasonably should have been discovered (by the person who died, the personal representative, or a beneficiary). In no case may the action be filed later than the earlier of three years after the death or the longest applicable statute of ultimate repose (such as the five-year medical malpractice limit or the 10-year negligence limit). Source: Or. Rev. Stat. § 30.020(1) |
| Damage caps | Oregon's damages chapter caps noneconomic damages at $500,000 in wrongful death actions (including loss of companionship and consortium claims), except claims against public bodies and workers' compensation claims; the jury is not told of the cap. No general cap on noneconomic damages in non-death injury cases was found in the chapter. Separately, an injured person generally cannot recover noneconomic damages in a motor vehicle case if they were driving uninsured or under the influence at the time. Source: Or. Rev. Stat. §§ 31.710, 31.715 |
More Oregon personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oregon
- Medical Malpractice Rules in Oregon
- Car Accident Claims in Oregon
- Dog Bite Liability in Oregon
- Motorcycle Accident Claims in Oregon
- Pedestrian Accident Claims in Oregon
- Bicycle Accident Claims in Oregon
- Uber and Lyft Accident Claims in Oregon
- Truck Accident Claims in Oregon
- Construction Site Injuries in Oregon
- All Oregon personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Oregon?
The personal representative of the estate brings the action, for the benefit of the surviving spouse, children and parents, other people who would inherit under intestate succession law, and any stepchild or stepparent. Damages can include medical and funeral costs, the person's pain and lost income before death, pecuniary loss to the estate, and the family's pecuniary loss and loss of society and companionship.
How long do you have to file a wrongful death lawsuit in Oregon?
Three years after the injury causing death is discovered or reasonably should have been discovered (by the person who died, the personal representative, or a beneficiary). In no case may the action be filed later than the earlier of three years after the death or the longest applicable statute of ultimate repose (such as the five-year medical malpractice limit or the 10-year negligence limit).
Does Oregon cap damages in personal injury cases?
Oregon's damages chapter caps noneconomic damages at $500,000 in wrongful death actions (including loss of companionship and consortium claims), except claims against public bodies and workers' compensation claims; the jury is not told of the cap. No general cap on noneconomic damages in non-death injury cases was found in the chapter. Separately, an injured person generally cannot recover noneconomic damages in a motor vehicle case if they were driving uninsured or under the influence at the time.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.