When a loved one dies as a result of an accident, your life can turn upside down. Not only was the death unexpected and unpredictable, it may have been caused by the negligence or carelessness of another person or a company. Losing your loved one in a preventable accident can be frustrating and deeply upsetting. With years of experience as a Beaverton personal injury lawyer, Paul Galm understands the challenges you are facing, and would like to support you throughout this difficult time.
If your loved one’s death was caused by the fault of another person or company in Portland or Beaverton, you may be entitled to seek restitution for the hardships you are facing, including compensation for:
- Funeral expenses
- Vehicle repair if the death was caused by a motor vehicle accident
- Lost wages that the deceased would have earned (especially if the deceased was the primary provider for the family)
- Emotional trauma
- Psychological trauma
You have the legal right to demand at-fault parties be held responsible for your loved one’s death, however, to do so, you need a qualified Portland wrongful death attorney who can provide you with the legal assistance you need to receive maximum restitution. We have compiled a few frequently asked questions about wrongful death for your convenience:
- Who is responsible for bringing the Oregon wrongful death claim?
Typically, the personal representative of the estate is responsible for bringing about the Oregon wrongful death claim. In order to do this, a probate must be opened. In other words, the personal representative will petition the court for, among other things, distribution of the deceased’s assets. In many cases, the personal representative is a first-level family member: adult child, spouse, sibling or parent. Paul Galm Law can accomplish this first step with you so you do not need to hire a separate attorney to open a probate.
- What is the statute of limitations for an Oregon wrongful death claim?
Generally, you have three years from the date of the death to file a claim. But there are many exceptions—which is why you must hire a Portland wrongful death attorney quickly to safeguard your best interests. Some instances where you cannot wait three years:
- You may lose valuable evidence. In an accident involving a big truck, the black box can be recovered. If you wait, valuable evidence can be lost.
- Certain types of cases have shorter time constraints. For example, if you are suing a city or state agency, you may have only a year to provide notice of a wrongful death claim, or shorter for other types of torts.
- How do I know if I have enough evidence to file an Oregon wrongful death claim?
In these kinds of cases, your attorney will know best what kind of evidence you need to file a claim. Leave the investigation and gathering of evidence to a skilled, trusted Beaverton wrongful death attorney. Paul Galm has retained the services of many experts to assist you in discerning the evidence you present.
- If my Oregon wrongful death claim is against a family member, is that a conflict of interest?
No, it is not a conflict of interest. While you would be suing your family member directly, in truth you are often seeking compensation from that family member’s insurance.
- If my loved one died while traveling in another state, how would I bring about an Oregon wrongful death claim?
The bad act would have to have occurred in Oregon for you to bring about a wrongful death claim in Oregon—unless the defendant lives in Oregon.
- If my loved one died while incarcerated, can I still bring about an Oregon wrongful death claim?
It depends on the bad actor: food defects, violent acts, etc. Just because your loved one is incarcerated, it does not mean they are without rights.
Paul C. Galm has extensive experience in wrongful death litigation in Portland and Beaverton and can help you assert your right to full and fair compensation for the death of your loved one. You don’t have to go this road alone – Paul C. Galm is a compassionate, caring lawyer who is committed to assisting you in any way necessary.