What Oregon allows
Oregon's wrongful death statute permits recovery for the loss of the decedent's companionship and services, lost future income that would have supported the family, and the conscious pain and suffering of the decedent before death.
These cases are emotionally heavy. We move at your pace, communicate clearly, and pursue the case with the discretion your family deserves.
Wrongful Death questions
Who can file a wrongful-death lawsuit in Oregon?
Under ORS 30.020, a wrongful-death action is brought by the personal representative of the decedent's estate. The recovery is then distributed to statutory beneficiaries (typically the surviving spouse, children, and parents) in the order the statute specifies.
How long do I have to file a wrongful-death claim in Oregon?
Oregon generally allows three years from the date of the injury that caused death, under ORS 30.020. Claims against a public body have a much shorter notice deadline. One year under the Oregon Tort Claims Act, ORS 30.275, so the practical window can be far shorter than three years.
What damages can my family recover?
Recovery typically includes the decedent's medical and funeral expenses, lost future earnings the decedent would have contributed to the family, the conscious pain and suffering of the decedent before death, and the family's loss of the decedent's society, companionship, services, and guidance.
Do criminal charges have to be filed against the at-fault person?
No. A wrongful-death case is a civil action and proceeds on its own track, regardless of whether the State files criminal charges or obtains a conviction. The civil burden of proof is lower than the criminal burden.
How is a wrongful-death recovery distributed among family members?
ORS 30.020 sets out the priority. Generally, after estate expenses and medical/funeral bills are paid, the remainder is divided among the surviving spouse, children, and parents according to the statutory scheme. We help families understand and plan for that distribution before settlement.
Reviewed by Abraham HansonLast updated 2026-06-15
