The accidental death of a friend or family member is one of the most devastating things someone can go through. The grief associated with a sudden, premature death is unenviable to say the least, and something we all hope to never experience. This trauma is exacerbated when that death is caused by malpractice, an auto accident, or the otherwise negligent actions of another party.
But what constitutes wrongful death in Oregon from a legal perspective? If you believe that a death was caused by the negligence or otherwise wrongful actions of someone else, what can you do?
The experienced Oregon wrongful death attorneys at Nelson MacNeil Rayfield are here to answer your questions. Below, we’ve compiled an overview of how wrongful death law works in Oregon. If you’re still left with questions, we’ll always be here to guide you in a free consultation.
What is Wrongful Death?
To define wrongful death, we’ll take a closer look at Oregon law.
“Wrongful death” means the death of a victim “caused by the wrongful act or omission of another.” Specifically, it highlights this ‘act or omission’ as a practice or action that, should the victim have survived, would have allowed them to file a personal injury lawsuit.
Wrongful death is a civil cause of action in Oregon, not a criminal case; it’s about recovering on behalf of the victims. Wrongful death is a lot like other personal injury matters, typically arising from a negligence-based incident (like a car crash), medical malpractice, or an intentional act (like an assault).
The plaintiff has to prove that the defendant should be held accountable for the victim’s death. Typically, the case must be brought within three years of the date of the victim’s final injury.
Who Can File A Wrongful Death Suit In Oregon?
Wrongful death cases can be complex because the rules vary significantly by state. First of all, because the normal personal injury plaintiff–the actual victim–can’t sue on their own behalf, state law must establish who has the right to sue in their stead. In some states, any surviving close family member can sue; in Oregon, it’s more restricted.
Pursuant to Oregon Revised Statutes Section 30.020, only the personal representative of a deceased person’s estate can file a wrongful death lawsuit. Also called the “executor,” this is the same person who is in charge of administering the estate of the deceased person.
If the victim has a will, the executor will usually be named within it. In the event that there’s no will or otherwise legally named executor – or if the chosen person is unable to act as the personal representative – a probate court will appoint someone else.
Oregon law lays out an order of preference for judges to use in determining who to appoint. If there’s no will, the court will typically appoint the decedent’s surviving spouse. If there’s no surviving spouse, the court will then look to the next closest kin of the decedent, as well as other individual circumstances to appoint an appropriate person.
What is the Standard of Proof in a Wrongful Death Case?
In any legal proceeding, there’s a standard of proof–the standard a party must clear to prove a legal assertion. The standard of proof varies depending upon the nature of the claim and the case, including whether the matter is civil or criminal. Criminal cases have a higher standard of proof because the stakes tend to be much higher: If you lose a civil case, you lose money; if you lose a criminal case, you can lose your freedom.
“Wrongful death” is a civil cause of action, brought by the estate of the deceased victim. In order to prevail, the plaintiff must provide evidence sufficient to show the elements of a wrongful death claim by a “preponderance of the evidence” — meaning it’s more likely than not that the defendant is to blame and should be held accountable.
In a criminal case, on the other hand, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.”
The same conduct can lead to both civil and criminal liability. For example, if a drunk driver causes a deadly crash, they can be charged with vehicular manslaughter, and they can also be sued by the estate of the victim for wrongful death. The victim’s estate can even sue a defendant already in prison for the crime.
Because the standard of proof for criminal conviction is much higher in a criminal case, even if the defendant is acquitted, it may still be possible to win a wrongful death case. Famously, O.J. Simpson was acquitted in criminal court but was forced to pay wrongful death damages by the decedent’s family in civil court.
What Happens to the Money Collected in a Wrongful Death Lawsuit?
If the plaintiff prevails in a wrongful death case, either through a settlement or winning at trial, the defendant will likely owe the plaintiff damages. The estate can seek damages for medical expenses incurred by the victim, pain and suffering prior to death, funeral expenses and other financial losses suffered by the estate, loss of future income and financial support, as well as the loss of companionship suffered by the victim’s surviving family members.
Sections 30.040 and 30.050 lay out how the proceeds of a wrongful death lawsuit must be apportioned. Proceeds will first go to repay the estate for legal expenses and other costs of bringing the wrongful death case as well as to cover medical costs and burial expenses as necessary.
Beneficiaries can choose to agree on what happens to the rest of the wrongful death award. If they do not agree, the court will disburse the rest “to each beneficiary in accordance with the beneficiary’s loss.” If any amount remains, it will be distributed according to Oregon intestate succession law (i.e., treated like inheritance not already distributed pursuant to a will).
Is an Autopsy Required to File a Wrongful Death Action in Oregon?
While sometimes helpful, autopsies are not required in wrongful death actions in Oregon. The plaintiff in a wrongful death case must prove by a preponderance of the evidence that the defendant should be held accountable for the victim’s death. This requires proving that the defendant did something wrong (typically, that they behaved negligently), and that the defendant’s wrongful conduct caused the victim’s death.
For wrongful death cases, autopsies only come into play when they would contribute to the central question in the matter: Did the defendant’s wrongful actions contribute to the death of the victim?
Most of the time, the victim’s cause of death is clear. For example, if the victim was killed in a car crash involving the defendant, the wrongful death case turns on whether the defendant acted negligently (e.g., driving drunk or driving while texting), and whether that conduct caused the crash. No autopsy is needed because it’s easy to prove that the car crash caused the victim’s death. That said, a doctor would generally prepare paperwork explaining the cause of death.
On the other hand, consider a patient who has multiple underlying medical issues and dies during an operation. It is not immediately clear if the surgeon committed medical malpractice or if a pre-existing condition caused the death. An autopsy may be needed to determine precisely how the patient died.
An autopsy may provide helpful evidence for a wrongful death case, but it is not legally required. Your wrongful death attorney can help you determine whether an autopsy would contribute to your case.
What Are the Most Common Causes of Wrongful Death?
Life experiences demonstrate to most of us that we live in a very dangerous world. Of course, some dangers are more apparent than others. For example, almost all of us have witnessed the carnage that can result from motor vehicle accidents and semi-truck collisions. Similarly, we hear stories almost daily in the news media about violent deaths occurring around the country as a result of intentional criminal acts.
On the other hand, even though most of us have heard of the opioid epidemic by now, many are unaware just how much life has been lost as a result. Similarly, many people are not as aware of tragic deaths occurring across the country that are caused by medical negligence, nursing home negligence and abuse, and many other causes.
Accidental Death Statistics
The Centers for Disease Control and Prevention (CDC) compiles data on mortality rates. For 2022, the most recent year with data available, “accidents (unintentional injuries)” are listed as the third highest cause of death in the United States. This category generally comprises accidental, preventable deaths. It does not include intentional acts, such as homicide, and does not include death from natural causes.
Are These Accidental Deaths the Same as Wrongful Deaths?
The answer is “sometimes, yes, and sometimes, no.” In Oregon, a cause of action for wrongful death arises when a person’s death is caused by the wrongful act or omission of another. For example, if a driver, due to no fault of another person, runs into a tree and dies, it would be an accidental death, but not a wrongful death.
On the other hand, if a semi-truck runs the car off the road, resulting in the driver’s death, it would be a wrongful death. Below, we will take a look at some of the top causes of accidental death listed by the CDC, which can also constitute wrongful death.
Poisoning
Shockingly, poisoning is now the number one cause of accidental death listed by the CDC. Undoubtedly, the opioid epidemic has played a role in the rise of this cause of death. The negligent prescribing of opioids or any other drug by a physician might give rise to a wrongful death action.
It is also becoming much more common for consumers and victims to hold big pharmaceutical companies responsible for unsafe products and unscrupulous practices.
Motor Vehicle Accidents
It should come as no surprise that motor vehicle accidents are high on this list. With millions of cars and semi-trucks on the road daily, crashes happen far too frequently. When these crashes are caused by the negligence of another person, an action for wrongful death is appropriate.
Falls
Perhaps somewhat surprisingly, falls are also a leading cause of death on the CDC’s list. Some falls are not caused by anyone’s negligence and are only tragic accidents. However, many falls are caused by the acts of others.
A third party might leave a slippery substance on the floor, for example, or create some other hazard that causes someone to trip. If a slip-and-fall or trip-and-fall results in death, a wrongful death action is appropriate.
Other Causes
While we have listed the top three causes, there are, of course, plenty more. Medical malpractice, nursing home negligence, exposure to asbestos, and other wrongful conduct can lead to a wrongful death claim. Keep in mind that intentional actions such as assault or murder can also form the basis of a wrongful death action.
Call Nelson MacNeil Rayfield with Any Questions
Sometimes, accidental death is truly an accident, with no one to blame. On other occasions, even though a death may be classified as “accidental,” the accident is the result of another person’s negligence. While both of these circumstances are dreadful and unfortunate, there are times when seeking legal aid may at least help shoulder some of this burden.
When someone’s wrongful actions lead to an untimely death, all of society is better protected by holding them accountable for their actions. If you have suffered the loss of a loved one and you think it qualifies as wrongful death, please call the Oregon wrongful death lawyers at Nelson MacNeil Rayfield. We’re ready to help you.
Our Oregon wrongful death team knows the law, and we’re here to help investigate and evaluate the circumstances of your case with compassion and understanding. We know you’re going through an unimaginable situation right now. Our goal is to provide you with clarity.
Call Oregon wrongful death law firm Nelson MacNeil Rayfield today for a free consultation.