When a loved one passes away due to the negligence, recklessness, or wrongful actions of another, the surviving family members may have the right to file a wrongful death lawsuit in Oregon. However, the law imposes strict deadlines on when these claims can be filed. These legal timeframes, known as statutes of limitations, are crucial to understand because missing them can mean losing your right to pursue justice and compensation. In this article, our Portland wrongful death lawyers at Dawson Law Group explain the Oregon wrongful death statute of limitations and what families need to know before moving forward with a claim.
What Is a Wrongful Death Claim in Oregon?
Under Oregon law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another. These cases often arise from car accidents, medical malpractice, dangerous property conditions, or other negligent conduct. The goal of a wrongful death lawsuit is to provide compensation for the losses suffered by surviving family members, which may include financial support, companionship, and emotional suffering.
Oregon’s Wrongful Death Statute
The legal foundation for wrongful death cases in Oregon is found in ORS 30.020. This statute specifies who may file a wrongful death lawsuit, what damages may be sought, and most importantly, the timeframe in which a claim must be filed.
Statute of Limitations for Wrongful Death Cases
In Oregon, wrongful death lawsuits must generally be filed within three years of the date of the injury causing death. It is important to note that the statute does not always run from the date of death itself, but rather from the date of the underlying injury or event that caused the death. For example, if someone is injured in an accident and passes away weeks or months later, the three-year period begins from the date of the accident, not the date of death.
If the statute of limitations expires before a lawsuit is filed, the court will likely dismiss the case, regardless of its merits. This is why contacting an attorney as soon as possible after a wrongful death is critical.
Exceptions and Special Circumstances
There are limited circumstances in which the statute of limitations may be extended or “tolled.” For instance:
- Discovery rule: If the wrongful act was not immediately discoverable, the statute may begin once the death and its cause were reasonably discovered.
- Defendant concealment: If the defendant actively concealed their role in causing the death, additional time may be granted.
- Minors and incapacitated individuals: If the beneficiaries include children or individuals legally incapable of acting, the timing rules may be adjusted.
However, these exceptions are complex and applied narrowly. Families should not assume an extension applies without speaking to a wrongful death lawyer.
Who Can File a Wrongful Death Lawsuit in Oregon?
According to Oregon law, wrongful death claims must be brought by the personal representative of the deceased’s estate. The personal representative acts on behalf of surviving family members who may recover damages, including:
- Spouses or domestic partners
- Children (including stepchildren)
- Parents
The damages sought in these claims can include funeral and burial expenses, medical costs related to the injury, loss of future income, loss of companionship, and the emotional suffering of surviving family members.
Why Time Is of the Essence
The statute of limitations underscores the urgency of acting quickly after a wrongful death. Delays can make it harder to gather evidence, locate witnesses, and build a strong case. Insurance companies and defense attorneys also closely monitor deadlines and may use any missed filing date as grounds for dismissal.
How Dawson Law Group Can Help
At Dawson Law Group, we understand that pursuing a wrongful death claim is one of the most difficult things a family can do. While no legal action can undo the loss of a loved one, a lawsuit can provide financial security and hold negligent parties accountable. Our Portland wrongful death lawyers have decades of experience guiding families through the legal process, ensuring that deadlines are met and that every detail of the case is handled with care.
About Dawson Law Group
Founded in 1970, Dawson Law Group has built a reputation for excellence in personal injury and wrongful death litigation across Oregon. Attorneys Bryan Dawson and Ben Larson bring unique insight from representing both plaintiffs and defendants, giving clients a distinct advantage in their cases. Our firm is committed to providing compassionate, strategic, and effective legal representation. Learn more on the Dawson Law Group Advantage page.