Wrongful Death Lawyer

Losing a loved one is an excruciating experience, especially when their death is a result of negligence or wrongful actions. At Zbinden & Curtis, we empathize with Oregon and Washington families who have endured such tragic losses, and we are committed to providing them with the justice they deserve. Our experienced Oregon wrongful death lawyers believe in treating our clients with utmost dignity, respect, and compassion during these difficult times.

When faced with such trying circumstances, you need an experienced advocate on your side. Trust in Zbinden & Curtis to be there for you. Our team of dedicated wrongful death attorneys is prepared to sit down with you, understand your situation, and discuss your legal options with a skilled wrongful death lawyer.

Committed to securing the best outcomes for our clients, we tirelessly pursue compensation to help them recover financially from their losses, providing them with the means to move forward with their lives.

What Is A Wrongful Death?

Wrongful death is a legal term that refers to the loss of a person’s life due to someone else’s reckless, negligent, or intentional actions. In Oregon, the definition of wrongful death is clearly stated in the Oregon Revised Statute (ORS) § 30.020 (2021), describing it as any death “caused by the wrongful act or omission of another.” It is essential to distinguish wrongful death cases from criminal charges, as they are separate legal entities handled in civil courts.

The Complexity of Wrongful Death Cases

While the concept of wrongful death might seem straightforward, these cases are often more complex than they appear. Establishing whether a wrongful death occurred can be a subject of intense debate, requiring an experienced wrongful death lawyer who possesses a deep understanding of wrongful death law to handle your claim.

Who Is Liable in Wrongful Death Cases?

Liability determines who bears legal responsibility for causing an accident that resulted in wrongful death. The party found liable in a wrongful death lawsuit becomes accountable for providing financial compensation to the affected parties.

In a civil wrongful death lawsuit, the plaintiff, usually the estate of the deceased or their family members, must meet the “Burden of Proof.” This means demonstrating “by a preponderance of the evidence” that the defendant’s actions directly led to the death due to negligence. Unlike criminal cases, where the standard is “beyond a reasonable doubt,” the preponderance of evidence standard in civil cases makes it possible to win a wrongful death lawsuit even if the responsible party is not convicted of a crime.

Our skilled wrongful death lawyers at Zbinden & Curtis are well-versed in handling such complexities and will fight passionately for your rights as a Portland wrongful death lawyer.

Understanding Wrongful Death Claims and Compensation

If you have lost a loved one due to wrongful death, you may be entitled to financial compensation, also referred to as “damages.” These damages aim to address the various losses and hardships experienced by the deceased’s family. The compensation may cover medical expenses, funeral expenses, loss of support services, loss of future earnings, loss of benefits, pain and suffering, loss of inheritance, punitive damages, general damages, and loss of companionship.

Insurance companies often attempt to minimize claims, putting the blame on the actions of the deceased. However, at Zbinden & Curtis, we are well aware of the tactics employed by insurance companies, and we know how to counter them. Our firm takes aggressive action against these insurance companies, ensuring that our clients receive every penny they rightfully deserve with the help of a wrongful death lawyer.

Who Can File A Wrongful Death Claim in Oregon?

In Oregon, the right to file a wrongful death lawsuit is limited to specific individuals as defined by state law (ORS 30.020). These individuals include the deceased’s estate, spouse (husband or wife), children, parents, and other individuals who, under the law of intestate succession of the state of the decedent’s domicile, would be entitled to inherit the personal property of the decedent.

This can be a complex area of law, and consulting with an experienced wrongful death lawyer is crucial to understanding your rights and legal options.

Who Can File A Wrongful Death Claim In Washington?

Washington state has its own unique laws governing who can file a wrongful death lawsuit. As per Section 4.20.020 of the Revised Code of Washington, the right to file a wrongful death case is granted to the deceased’s wife or husband, state-registered domestic partner, children, parents dependent on the deceased, and siblings dependent on the deceased.

Understanding the Statute of Limitations

The statute of limitations places a time limit on initiating legal proceedings for wrongful death. In Oregon, you generally have three years from the time of the death to file a wrongful death lawsuit, as stated in ORS 30.020, officially titled “action for wrongful death; when commenced; damages.” In Washington, the statute of limitations is also three years from the date of the loved one’s death, according to Washington law RCW 4.20.010 Wrongful death, right of action.

Acting promptly is essential to building a strong case, as evidence can become harder to obtain as time passes.

Different Types of Wrongful Death Cases

Wrongful death cases can arise from a wide range of accidents resulting from negligence or recklessness, such as auto accidents, truck accidents, defective products, and medical malpractice. In each of these cases, when the actions of a party lead to the death of another individual, the deceased’s family may have grounds to file a wrongful death lawsuit against the responsible parties.

Choosing the Right Attorney for Your Wrongful Death Case

Experiencing the loss of a loved one through wrongful death is a traumatic and life-altering event. At Zbinden & Curtis, we understand the immense pain and suffering you are going through. Our team of compassionate and experienced attorneys is dedicated to providing you with the support and representation you need during this difficult time. We will fight tirelessly for your rights as a wrongful death lawyer and ensure you receive the compensation you deserve.

Consulting with a knowledgeable wrongful death lawyer as soon as possible after the death of a loved one is essential to understanding the legal options available to you. At Zbinden & Curtis, we offer a free initial consultation, where we can discuss the specifics of your case and guide you through the legal process with a skilled wrongful death lawyer.

The loss of a loved one is an indescribable pain, especially when their death was preventable and resulted from the negligent or intentional actions of others. At Zbinden & Curtis, we are dedicated to providing compassionate and experienced legal representation to families who have lost someone due to wrongful death.

Our Oregon wrongful death lawyers and Washington wrongful death attorneys possess a deep understanding of the complexities of these cases and are committed to fighting for justice on behalf of our clients. We will work tirelessly as a wrongful death lawyer to hold responsible parties accountable for their actions and pursue maximum compensation to help you rebuild your life.

If you have lost a loved one in a wrongful death case, don’t delay seeking legal guidance. Contact Zbinden & Curtis to schedule a free consultation with a wrongful death lawyer and learn more about your rights and options. Our team is here to support you every step of the way as a wrongful death lawyer.