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Christopher T. Hill, PC

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Home - Personal Injury Oregon Practice Areas - Wrongful Death

Wrongful Death

Wrongful death lawyers deal with claims or a lawsuit by the estate for the losses to the spouse, children, and or parents. Wrongful death is statutory in Oregon, and is a vehicle for other common law claims. For example, a fatal car accident is a wrongful death case because of the fatality, but it's a vehicle to get at the negligence of the bad driver who caused the fatal car accident. The damages involved in a wrongful death claim are not necessarily the same as the claim the deceased would have had, and finding a wrongful death lawyer will help maximize the wrongful death settlement. Another reason you may want to look at wrongful death lawyers is the need to set up a probate estate, which can take extra time you will need before the time for filing or settling the claim is up.

A slightly different but related claim is the survivial action. In a survival action, the damages claimed are the damages of the deceased between the time of injury and the time of death, rather than the losses to the deceased's family. Depending on the facts of the case, it may be more advantageous to assert a survival action claim than a death claim. The other advantage of a survival action is the potential for attorney's fees.