Who Can File a Wrongful Death Claim in Oregon
Oregon wrongful death claims are statutory and belong to the personal representative.
The personal representative sues
Under ORS 30.020, the claim is brought by the decedent's personal representative for statutory beneficiaries when the death was caused by another person's wrongful act or omission and the decedent could have brought a claim had they lived.
What is recoverable
ORS 30.020 permits recovery for pecuniary loss to the decedent's estate and recognizes loss of the decedent's society, companionship and services for specified beneficiaries.
The cap
Noneconomic damages in a wrongful death action of one person are limited by ORS 31.710 to $500,000, which does not apply to punitive or economic damages. Courts are applying it case by case.
Fault
The decedent's fault reduces the recovery, and bars it only if it was greater than the combined fault of the others.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Oregon's rules apply to your specific case with a licensed Oregon attorney.