After the unexpected loss of a loved one, legal deadlines are rarely the first thing on a family’s mind. However, Oregon law places strict time limits on when a wrongful death claim may be filed. Missing those deadlines can permanently bar a family from seeking justice and financial recovery.
Understanding how the statute of limitations works and when it begins to run is essential for anyone considering a wrongful death claim in Oregon.
The General Wrongful Death Deadline in Oregon
In most cases, Oregon allows three years from the date of death to file a wrongful death lawsuit. This deadline is established by statute and applies regardless of whether the claim involves a vehicle crash, medical negligence, or another form of wrongful conduct.
While three years may sound like ample time, wrongful death cases often require extensive investigation, expert review, and coordination with the estate’s personal representative. Delays can make it harder to obtain records, preserve evidence, and locate witnesses.
Dawson Law Group provides a detailed overview of these deadlines on its Oregon wrongful death statute of limitations page.
When Does the Clock Start Running?
In most wrongful death cases, the statute of limitations begins on the date the person passed away. However, there are situations where determining the correct start date is more complicated.
For example, if the cause of death was not immediately known or was concealed, additional legal analysis may be required. Medical negligence cases, in particular, can involve delayed discovery of the true cause of death.
According to the National Library of Medicine, diagnostic errors and delayed treatment remain significant issues in healthcare, sometimes preventing families from learning the full truth until much later.
Exceptions That May Shorten the Deadline
Some wrongful death claims are subject to shorter time limits. Cases involving government entities, such as public hospitals or state agencies, may require a formal notice of claim within a much shorter period, sometimes as little as 180 days.
Failure to comply with these notice requirements can result in dismissal of the case, even if the underlying claim is strong. This is one of the most common pitfalls families encounter when attempting to navigate the process on their own.
Who Has the Authority to File the Claim?
Oregon law requires wrongful death claims to be filed by the personal representative of the deceased person’s estate. This individual acts on behalf of eligible beneficiaries, which may include spouses, children, parents, or other dependents.
Disputes can arise when families are unsure who should serve as the personal representative or when multiple parties believe they have the right to control the case. Dawson Law Group explains these rules in its guide on who can file a wrongful death lawsuit in Oregon.
Why Waiting Can Harm Your Case
Even if the statute of limitations has not expired, waiting too long can weaken a wrongful death claim. Physical evidence may be lost, surveillance footage may be erased, and witnesses’ memories can fade over time.
In complex cases involving hospitals, trucking companies, or corporate defendants, early legal involvement allows attorneys to send preservation letters and begin investigating before critical information disappears.
High Profile Investigations Highlight the Importance of Timely Action
Delayed accountability is a recurring issue in cases involving systemic negligence. Dawson Law Group’s work has contributed to broader public awareness of preventable deaths, including its involvement in a USA Today investigation on sepsis deaths.
These cases demonstrate how delays in recognizing or addressing wrongdoing can have fatal consequences and why families deserve clear answers and legal options.
Speaking With a Portland Wrongful Death Lawyer
If you believe your loved one’s death may have been preventable, it is important to speak with an attorney as soon as possible. An experienced wrongful death lawyer can evaluate the timeline, identify applicable deadlines, and help ensure your claim is filed correctly.
Dawson Law Group represents families throughout Oregon in wrongful death cases involving vehicle crashes, medical negligence, and other serious acts of wrongdoing. You can learn more by visiting the firm’s Portland wrongful death lawyer page.
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Learn how long you have to file a wrongful death claim in Oregon and why acting quickly can protect your family’s rights.