Losing someone you love because of another’s wrongful act or omission is devastating. At Yaquina Law, our Newport-based law firm stands beside family members who have suffered immeasurable loss. We are proud to guide clients through wrongful death cases all across the state of Oregon. As your personal representative, we file a wrongful death claim on behalf of the deceased person.
Whether your case stems from a car accident, medical negligence, or another tragic event, we help recover compensation for the loss of your loved one from the responsible insurance company. Our attorneys understand how emotionally and financially challenging this legal process can be for a surviving spouse or other grieving relatives.
As an experienced Portland wrongful death attorney team with a background in personal injury and wrongful death law, Yaquina Law is here to help you move forward with compassion and determination. Contact Yaquina Law today for a free consultation on taking legal action.
Meet Yaquina Law: Oregon Wrongful Death Attorneys
Wrongful death cases demand specialized knowledge to satisfy legal standards of proof. If you believe a loved one’s passing resulted from someone’s or a company’s negligence, consulting an experienced attorney promptly is crucial to identifying the best legal strategy.
At Yaquina Law, we commit to providing the following for every client:
Proven Experience – With over 2,100 jury trials handled, our firm has the skill and knowledge to advocate fiercely and compassionately for you and your family’s interests. We are dedicated to supporting you through this challenging time.
Transparent Communication – Legal matters can feel overwhelming if you’re not dealing with them daily. Our team prioritizes clear, consistent updates throughout every stage of your case, simplifying complex legal terms so you always know what’s happening.
Proven Outcomes – By developing a strategy tailored to your specific circumstances, our attorneys fight diligently to secure the most favorable results for your case. From negotiating settlements to advocating for you in court, we are committed to standing up for your rights.
3 Things To Know When Hiring An Oregon Wrongful Death Attorney
Hiring a qualified Oregon wrongful death attorney can make all the difference in your case. Most Oregon cases have a three‑year deadline from the injury that caused the death, so we highly recommend reaching out as soon as possible to learn more about your legal options.
- Always choose an attorney who takes the time to understand your case. Yaquina Law takes pride in understanding your story, and explaining your legal options in clear, simple terms. We work on a contingency-fee basis, which means we only get paid if we win money for you. We treat every wrongful case with the utmost care and sensitivity.
- Make sure you feel comfortable with them before choosing to hire an attorney. When a loved one passes due to an accident, medical error, or another situation caused by someone else’s negligence or recklessness, the loss can be overwhelming. Make sure your attorney appreciates the gravity of the situation—and can represent your needs with respect and compassion.
- Look for an experienced lawyer in personal injury law. Yaquina Law works exclusively with injured people who need help after serious injuries. With experience in such cases, we can help you pursue a claim on behalf of the deceased’s estate to recover these losses.
While nothing can replace the loss your family has suffered, we can provide skilled legal representation to help you pursue compensation and alleviate some of the financial and emotional burdens during this difficult time.
Speak to an Oregon Wrongful Death Lawyer
What is a “wrongful death”?
A wrongful death happens when someone dies because of another individual’s or organization’s negligent or wrongful actions. Fatal car crashes, medical mistakes, and similar incidents can lead to the loss of a loved one, which may qualify as a wrongful death.
In a civil wrongful death case, the standard of proof is lower than in criminal trials, but the responsibility to prove the case rests with the plaintiff. The legal team must demonstrate three main points to the court:
- The defendant acted negligently or intentionally caused harm.
- That negligence or intentional act directly led to the person’s death.
- The death caused emotional pain and financial losses for surviving family members or the deceased’s estate.
If you think you may have a wrongful death claim, reach out to an attorney at Yaquina Law as soon as possible.
Wrongful Death Claim? File Your Case As Soon As Possible
In Oregon, the wrongful death statute of limitations gives most families three years to file a claim or lawsuit. The clock starts when you learn (or should have learned) about the negligence that led to the loss.
However, special rules apply in certain situations. If the wrongful death involves a government agency (like a city, county, or state entity), you must give written notice of the claim within one year after the death or injury. The lawsuit must be filed within two years after the injury or loss. Missing these steps can bar your claim forever, even if the three-year general limit hasn’t passed yet.
Other exceptions might apply in medical malpractice cases, or if fraud is involved. It’s essential to contact the experienced Oregon wrongful death attorneys at Yaquina Law as soon as possible. We can review your situation quickly to protect your rights and make sure nothing important is overlooked.
Frequently Asked Questions
Wrongful death cases are handled as civil matters, not criminal ones. Still, a single event can trigger both criminal charges and a civil claim. For instance, a drunk driver who causes a fatal accident might face criminal prosecution from the district attorney while the victim’s family files a civil lawsuit. Similarly, a dog owner who encourages aggressive behavior in their pet could face both civil and criminal liability if the dog kills someone.
A key distinction between civil and criminal cases is the standard of proof. In a wrongful death civil lawsuit, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant caused the death.
Criminal cases require proof “beyond a reasonable doubt,” a much higher standard because the potential consequences, like imprisonment, are far more severe.
Several events can prompt a family to file a wrongful death lawsuit. Some of the most common include:
- Traffic Collisions
- Fatal Animal Attacks
- Workplace Construction Accidents
- Hazardous or Faulty Products
- Medical Errors and Negligence
Certain wrongful death cases result from deliberate actions, like assault or homicide, which often lead to criminal charges as well. Other cases stem from carelessness or reckless behavior rather than intentional wrongdoing. For example, if a construction company neglects to post adequate warning signs about dangerous conditions, it can be held responsible for any resulting deaths, even if no harm was intended.
Because the victim has passed away, someone else must file the wrongful death claim on behalf of the decedent. In most cases, this can include a spouse, child, parent, sibling, or an appointed representative of the deceased’s estate. If the person who died could have pursued a personal injury case had they lived, a wrongful death lawsuit may be appropriate. It’s important to speak with an attorney to confirm whether you have the legal right to seek compensation.
There is no standard outcome for wrongful death cases. At Yaquina Law, we review each situation closely to develop a strategy aimed at achieving the best possible results. Many factors influence potential settlements or court-awarded compensation, including the circumstances of the death and the parties involved.
The types of compensation in a wrongful death case depend on the specific details of your situation.
Your financial recovery may include:
- Medical costs incurred by the deceased before passing
- Funeral and burial expenses
- Emotional distress and suffering experienced by the victim prior to death
- Lost income the deceased would have provided
- Loss of household services that the person contributed
- Loss of companionship and support
- Loss of inheritance that the deceased would have left to family members
Consult with an attorney at Yaquina Law to understand what compensation you may be entitled to in your case.
Many wrongful death cases are resolved through settlements and never make it to trial, but every situation requires a tailored approach. The attorneys at Yaquina Law evaluate all options when representing a family or an estate. If a fair settlement can be reached to avoid the expense and stress of court, we pursue it. However, if going to trial is necessary, we will support you fully throughout the entire process.
Every wrongful death case is different, with varying timeframes and resources required to reach a fair resolution. Many attorneys handle these cases on a contingency basis, meaning you only pay if they secure a settlement. Some lawyers may use different fee structures, so it’s important to review all financial terms before hiring an attorney to represent your case.