Portland Wrongful Death Attorneys wrongful death claim wrongful death lawsuit

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  • Portland Wrongful Death Attorneys

    Portland Wrongful Death Attorneys wrongful death claim wrongful death lawsuit


    Portland Wrongful Death Attorney

    Wrongful Death occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members. The most common are surviving spouses and children, and sometimes parents. A wrongful death lawsuit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death lawsuits. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will.

    Elements of a Wrongful Death Lawsuit

    In order to bring a successful wrongful death cause of action, the following elements must be present:

    * The death of a human being.
    * Caused by another's negligence.
    * The survival of family members who are suffering monetary injury as a result of the death.
    * The appointment of a personal representative for the decedent's estate.

    A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

    * Medical malpractice that results in decedent's death.
    * Automobile or airplane accident.
    * Occupational exposure to hazardous conditions or substances.
    * Death during a supervised activity.
    * Damages in a Wrongful Death Lawsuit.

    Pecuniary, or financial, injury is the main measure of damages in a wrongful death lawsuit. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death lawsuit shall be fair and just compensation for the pecuniary injuries that resulted from the decedent's death. If the distributees paid or are responsible for the decedent's funeral or medical care, they may also recover those expenses. Finally, a damage award will include interest from the date of the decedent's death.

    Wrongful death lawsuit is a claim against a person who can be held liable for a death.
    The claim is brought in a civil action, usually by close relatives, a dead person cannot bring a suit,
    and this created a legal hole in which activities that resulted in a person's injury would result in civil
    sanction but activities that resulted in a person's death would not.

    The standard of proof is typically preponderance of the evidence as opposed to clear and convincing beyond a reasonable doubt.
    For this reason it is often easier for Portland Wrongful Death Attorneys to aid a family to seek retribution against someone who
    kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive;
    a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory)
    and that person can also be sued civilly in a wrongful death lawsuit. Wrongful death is also the only recourse available when a company, not an individual, causes the death of a person; families have tried successfully and unsuccessfully to sue tobacco companies for wrongful deaths of their customers.

    In most states, there was no common law right to recover civil damages for the wrongful death of a person.
    Some states have recognized a common law right of recovery for wrongful death, reasoning that there is no present
    public policy against allowing recovery for wrongful death.
    States that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes
    or to apply common law principles to decisions. Many states enacted statutes to create a right to such recovery.
    The issue of liability will be determined by the tort law of a given state.

    Attorneys in Portland Oregon provides legal advice and representation to individuals throughout the Portland area and across Oregon facing any of the crimes listed and others not listed. Measure 11 crimes, Murder Manslaughter, Marijuana-PC-Meth-heroin, Rape, Sexual Assault, Prostitution, Solicitation, Arson, Forgery, Child Molestation, domestic violence charges, Sexual Abuse, Internet Crime charges, Accident and Injuries, Tort law , Slip and Fall Injuries, Trucking Accidents, Head injuries, Spinal injuries, Automobile Accidents, Motor Vehicle Collisions, Motor vehicle accidents, Car accident injury, Motorcycle accidents, Premises Liability law, Wrongful Death, Medical malpractice, Occupational exposure to hazardous conditions or substances, Construction or other workplace accidents, Psychological, personal injuries, Personal injury claim, Duii drunk while driving

    Washington county, Clackamas County , Benton County , Deschutes County, Lane County, Multnomah County.

    Portland Attorneys Services Zip Codes

    97213,97214,97215,97216,97217,97218,97219,97220,97221,97222, 97227,97229,97230, 97231, 97232,97233,97239,97266,97296,

    Portland Attorneys have spent over two decades developing a successful defense practice for Portland Attorneys, Portland Drunk Driving DUI Defense, Measure 11 attorneys Portland, Portland Attorneys Accident and Injury, Wrongful Death, Medical malpractice.

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