1. Oregon
Wrongful
Death Laws
Oregon
Wrongful
Death Laws
A Family Guide to the Civil Justice
System After the Death of a Loved One
By Joshua Shulman and Sean DuBois,
Attorneys at Law

2. Shulman
DuBois
LLC
PDXinjurylaw.com
1
Oregon
Wrongful
Death
Laws
Introduction
Chapter
1:
What
is
a
“Wrongful
Death”?
….
Page
2
Chapter
2:
Who
Can
Bring
a
Wrongful
Death
Claim?
….Page
3
Chapter
3:
What
Should
I
Do
First
to
Protect
My
Rights?
….Page
5
Chapter
4:
How
Long
Do
I
Have
to
File
a
Wrongful
Death
Claim?
….Page
8
Chapter
5:
What
Losses
Can
I
Receive
Compensation
For?
….Page
10
Chapter
6:
What
is
the
Value
of
My
Wrongful
Death
Claim?
….Page
12
Chapter
7:
Who
are
the
Beneficiaries
in
a
Wrongful
Death
Case?
….Page
14
Chapter
8:
How
Do
I
Hire
a
Wrongful
Death
Attorney?
….Page
15
Conclusion
Legal
Disclaimer
We
are
putting
this
up
front
because
it
is
so
important
that
you
understand
what
this
white
paper
can
and
cannot
do
for
you
and
your
claim.
This
report
is
not
legal
advice.
We
are
not
your
lawyers.
“Legal
advice”
means
advice
that
is
given
specifically
to
you,
tailored
to
your
situation,
taking
into
account
unique
details
of
your
particular
claim.
Every
case
is
different.
This
report
will
give
you
useful
information,
but
it
is
general
information.
There
is
no
way
we
can
give
you
legal
advice
without
knowing
the
details
of
your
case.
If
you
want
legal
advice,
or
if
you
want
to
create
an
attorney-­‐client
relationship,
you
must
contact
a
lawyer
and
form
a
direct
relationship
with
that
lawyer.
This
is
almost
always
done
by
signing
a
contract
with
that
lawyer,
in
which
you
agree
to
hire
the
lawyer,
and
the
lawyer
agrees
to
represent
you.
Usually
for
this
sort
of
case,
no
payment
is
required.
You
cannot
create
an
attorney-­‐client
relationship
by
reading
a
report.
If,
after
reading
this
paper,
and
doing
all
of
your
research,
you
decide
to
hire
a
lawyer,
you
can
call
a
personal
injury
law
office
to
make
an
appointment
and
sign
an
agreement,
after
which
you
will
have
an
attorney-­‐client
relationship.
What’s
more,
this
paper
is
incomplete,
as
any
such
report
would
have
to
be.
We
have
done
our
best
to
include
the
common
information
that
most
people
will
need,
but
every
case
has
a
twist
or
a
turn
that
is
unique
and
unusual,
and
there
will
be
crucial
information
that
is
not
included.
There
always
is.
This
is
meant
to
be
a
guide
to
help
you
with
general
information.
But
crucial
items
will
be
missing,
and
so
please
do
not
take
this
to
be
a
complete
guide
to
your
case.
It
simply
cannot
be
that.
Finally,
though
we
have
done
our
best
to
make
sure
that
all
laws
contained
here
are
up-­‐to-­‐date,
laws
change
often.
Before
counting
on
any
law
cited
in
this
report,
check
it
yourself
or
get
a
lawyer
to
check
it
for
you.
Oregon
laws
are
available
at
www.leg.state.or.us/ors/home.html.

3. Shulman
DuBois
LLC
PDXinjurylaw.com
2
Introduction
Nothing
is
worse
than
a
loved
one
dying
unnecessarily.
When
death
comes
in
the
natural
order
of
things,
of
old
age,
it
still
causes
feelings
of
loss
and
grief.
But
when
a
death
was
the
result
of
someone
being
careless
–
when
a
loved
one
would
still
be
alive
if
only
that
person
hadn’t
run
the
red
light,
if
only
that
truck
driver
hadn’t
driven
15
straight
hours
and
fallen
asleep
at
the
wheel,
if
only
that
company
had
performed
the
proper
safety
inspection
–
then
the
loss
can
become
clouded
with
a
host
of
other
issues,
questions,
and
doubts.
If
you
are
reading
this
because
a
loved
one
has
died
through
someone
else’s
fault,
we
wrote
this
for
you.
We
consider
it
our
duty
to
inform
you
of
your
legal
rights.
We
know
that
in
the
wake
of
this
loss,
emotions
run
deep,
and
the
last
thing
people
want
to
do
is
call
a
lawyer,
make
an
appointment,
drive
to
the
lawyer’s
office,
etc.
We
hope
that
by
putting
this
important
information
into
written
form,
we
can
pass
the
information
on
in
a
way
that
will
allow
you
to
read
it
in
your
own
time,
at
your
own
pace,
without
having
to
make
an
appointment,
drive
to
an
office,
or
talk
to
anyone
before
you’re
ready.
The
legal
term
for
fatal
accident
claims
is
“wrongful
death.”
It’s
a
curious
term
because,
as
far
as
we
know,
there’s
no
such
thing
as
a
“rightful
death.”
But
we
need
some
way
to
distinguish
a
death
that
was
nobody’s
fault
from
a
death
that
was
caused
by
another
person’s
carelessness,
recklessness,
or
intentional
act.
So
we
use
the
term
“wrongful
death”
to
describe
the
civil
cases
that
can
be
brought
when
a
death
was,
from
a
legal
perspective,
someone
else’s
fault.
The
personal
devastation
in
the
wake
of
such
a
tragedy
is
so
profound
that
legal
counsel
can
seem
completely
beside
the
point.
But
as
lawyers,
we
know
that
when
a
death
is
caused
by
someone’s
carelessness,
there
are
legal
steps
that
should
be
taken
before
it
is
too
late
to
file
a
claim
–
so
if
you
are
even
considering
a
wrongful
death
suit,
read
this
report
to
make
sure
you
don’t
unwittingly
jeopardize
your
case
by
waiting
too
long.

4. Shulman
DuBois
LLC
PDXinjurylaw.com
3
Chapter
1:
What
is
a
Wrongful
Death?
Wrongful
death
is
when
a
negligent,
reckless,
or
intentional
act
by
a
person
or
company
causes
the
death
of
another.
Murder
would
certainly
qualify,
but
so
would
a
car
crash,
even
if
the
bad
driver
who
caused
the
death
did
not
mean
to
hurt
anyone,
but
was
merely
careless.
Common
Circumstances
of
Wrongful
Death
Include:
• Auto
Collisions
• Workplace
Accidents
• Airplane/Boating
Accidents
• Medical
Malpractice
• Dangerous
or
Faulty
Products
One
premise
behind
a
wrongful
death
lawsuit
is
that,
as
well
as
killing
a
person,
the
family
members
who
have
been
left
behind
have
also
been
injured
–
emotionally,
psychologically,
and
sometimes
financially.
The
Oregon
law
that
allows
family
members
to
make
a
wrongful
death
claim
against
the
negligent
people
or
companies
that
caused
the
death
is
Oregon
Revised
Statutes
(abbreviated
“ORS”)
30.010-­‐30.100.
Wrongful
death
claims
are
complicated,
but
the
point
of
this
report
is
to
help
you
learn
enough
about
the
process
to
decide
whether
pursuing
a
case
is
in
the
best
interest
of
you
and
your
family,
and
if
so,
to
help
you
understand
the
steps.
Because
it
is
complicated,
many
questions
arise
in
a
wrongful
death
case.
The
most
basic
thing
to
understand
is
that
a
wrongful
death
claim
is
a
civil
lawsuit
-­‐
as
opposed
to
a
murder
case,
which
is
a
criminal
lawsuit.
A
criminal
case
is
separate
and
independent
from
a
civil
case.
Some
deaths
result
in
only
a
criminal
case
(murder
or
manslaughter),
but
no
civil
case.
Others
may
result
in
a
civil
case
but
no
criminal
case.
Still
others
may
result
in
both.
For
example,
in
the
famous
O.J.
Simpson
case,
a
criminal
case
was
brought,
and
then
afterwards
a
civil
case
was
brought.
Simpson
was
found
not
guilty
in
the
murder
trial,
but
was
held
liable
in
the
civil,
wrongful
death
case.
One
of
the
reasons
this
was
possible
is
because
a
criminal
murder
charge
must
be
proven
“beyond
a
reasonable
doubt,”
whereas
a
wrongful
death
action
only
needs
to
show
by
a
“preponderance
of
the
evidence”
that
it
is
“more
likely
than
not”
that
the
defendant
caused
the
death
-­‐
either
intentionally,
recklessly,
or
simply
by
being
careless
or
negligent.
Wrongful
death
claims
are
easier
to
prove
in
a
court
of
law
because
they
do
not
seek
to
put
someone
behind
bars;
they
only
seek
money.
Though
it’s
quite
possible
the
person
being
sued
may
end
up
in
prison
if
criminal
charges
are
brought
as
well,
the
cases
are
separate.

5. Shulman
DuBois
LLC
PDXinjurylaw.com
4
Chapter
2:
Who
Can
Bring
a
Wrongful
Death
Claim?
When
a
person
dies,
and
leaves
behind
anything
that
is
worth
money,
the
law
creates
an
“estate.”
If
John
Doe
dies,
then
it
will
be
called
“The
Estate
of
John
Doe.”
For
example,
you
may
sometimes
see
“Estate
Sales,”
where
the
possessions
of
someone
who
has
passed
away
are
being
sold.
What
has
happened,
legally,
is
that
the
person
died,
an
“estate”
was
created,
the
“estate”
now
owns
all
of
the
stuff,
and
the
person
in
charge
of
the
estate
decided
to
sell
the
items.
An
estate
is
a
purely
legal
creation.
Don’t
think
of
it
as
something
real;
think
of
it
as
just
a
word
that
the
law
uses
to
describe
everything
the
deceased
has
left
behind.
Specifically,
ORS
Chapter
113
explains
Oregon
Estate
Law
in
detail.
“Estate”
simply
means
everything
of
monetary
value
that
belonged
to
the
person.
If
a
person
was
wronged
in
a
way
that
could
give
rise
to
a
lawsuit,
then
that
lawsuit
has
value,
and
so
it
belongs
to
the
“estate.”
Because
the
person
who
was
wronged
is
no
longer
alive,
that
person
cannot
bring
a
lawsuit.
Their
Estate,
however,
is
legally
allowed
to
collect
any
money
that
is
owed
to
the
person
who
has
passed
away,
including
money
that
may
be
“owed”
due
to
a
wrongful
death
lawsuit.
A
person
who
represents
the
estate
may
bring
the
lawsuit.
The
person
who
represents
the
Estate
is
called
the
personal
representative
of
the
estate.
“Personal
representative”
is
often
abbreviated
as
“P.R.”
How
the
Personal
Representative
is
Chosen
The
personal
representative
has
to
be
approved
by
a
judge.
Usually,
all
of
the
beneficiaries
will
agree
upon
one
of
them
to
be
the
personal
representative.
There
is
a
specific
order
that
the
law
states
(ORS
113.085)
is
the
preferred
way
to
choose
a
P.R.
Here
is
the
order:
1. Executor
named
in
a
will
2. Spouse
or
nominee
of
the
spouse
3. Next
of
kin
or
nominee
of
next
of
kin
In
reality,
the
surviving
family
members
often
agree
on
who
would
be
the
best
P.R.,
ideally
with
the
advice
of
their
lawyers.
And
if
they
all
agree,
the
judge
will
usually
accept
that
person
and
appoint
him
or
her
as
the
personal
representative.
The
best
P.R.
for
the
family
will
be
the
person
who
has
the
time,
attention,
and
ability
to
work
with
the
wrongful
death
attorney
throughout
the
case.
This
person
should
also
be
trusted
by
all
the
beneficiaries
to
make
decisions
that
will
be
good
for
everyone.
If
the
beneficiaries
cannot
agree,
then
they
can
all
make
their
arguments
to
the
judge
about
who
each
of
them
thinks
should
be
the
personal
representative,
and
then
the
judge
will
make
a
decision.
In
that
case,
the
order
given
in
ORS
113.085
will
matter
a
lot,
but
it
is
not
the
only
consideration;
it
just
states
a
preference.
If
there
is
no
spouse,
and
the
judge
is
deciding
which
“next
of
kin”
would
be
best,
preference
is
usually
(but
not
always)
given
to
the
decedent’s
child.
If
that
child
is
a
minor
(and
therefore
cannot
be
P.R.),
than
preference

6. Shulman
DuBois
LLC
PDXinjurylaw.com
5
will
be
given
to
that
child’s
parent
or
guardian.
Alternatively,
one
person
can
simply
petition
the
court
to
be
appointed
P.R.,
and
then
wait
for
anyone
who
disagrees
to
make
their
objections
to
the
court.
Normally,
the
other
potential/aspiring
personal
representatives
have
four
months
to
file
a
formal
objection
with
the
court.
This
is
the
most
contentious
way,
as
it
would
require
that
official
notice
be
given
to
other
possible
P.R.
candidates,
and
should
be
avoided
if
possible.
But
if
there
is
one
person
who
objects
and
won’t
discuss
it
outside
of
court,
it
can
sometimes
be
the
only
way
to
proceed.
Role
of
the
Personal
Representative
The
personal
representative
is
the
person
who
is
in
charge
of
the
sorts
of
decision-­‐making
that
a
client
does
in
a
lawsuit.
The
most
important
decision
is
whether
to
accept
a
settlement
offer.
That
decision
must
be
approved
by
a
judge,
but
approval
is
usually
given,
so
this
is
a
very
important
power.
The
personal
representative
is
also
responsible
for
much
of
the
paperwork
that
goes
along
with
a
lawsuit.
If
a
family
member
who
has
been
left
behind
by
the
death
is
too
grief-­‐
stricken
to
be
an
efficient
administrator,
it
may
make
sense
to
hire
a
professional
to
take
over
the
administrative
tasks
as
much
as
possible.
The
personal
representative
is
required
by
law
to
act
“reasonably
for
the
benefit
of
interested
persons.”
So
legally,
if
an
interested
person
believes
that
a
personal
representative
is
not
doing
this,
they
can
bring
this
to
the
judge’s
attention.
Practically
speaking,
however,
a
personal
representative
has
a
lot
of
leeway.
The
term
“reasonable”
does
not
stretch
forever,
but
it
does
stretch
pretty
far.
There
are
a
wide
variety
of
actions
a
person
can
take
and
still
be
“reasonable.”
If
you
do
end
up
being
the
personal
representative,
your
duties
would
include:
• Choosing
a
lawyer
• Meeting
with
the
lawyer
• Discussing
both
the
life
and
the
death
of
your
loved
one
with
your
lawyer
• Sometimes
being
involved
(to
your
level
of
comfort)
in
strategic
discussions
with
your
lawyer
• Probably
having
your
deposition
(statement)
taken
• Responding
to
requests
for
production
by
the
opposing
attorney
• Discussing
settlement
amounts
with
your
lawyer
• Making
the
final
decision
of
whether
or
not
to
accept
a
settlement
offer
• Possibly
going
to
trial

7. Shulman
DuBois
LLC
PDXinjurylaw.com
6
Chapter
3:
What
Should
I
Do
First
to
Protect
My
Rights?
The
good
news
is
that,
for
most
of
the
legal
issues
surrounding
a
wrongful
death,
there
is
no
rush.
While
there
are
time
limits
for
filing
a
case,
called
“statutes
of
limitations,”
in
most
cases
you
will
have
time
to
grieve
before
worrying
about
losing
your
right
to
file.
Unfortunately,
there
are
several
exceptions.
Here
are
the
most
common
ones:
• Alcohol
was
involved
• One
of
the
defendants
(at-­‐fault
parties)
may
be
a
city,
county,
or
state
agency
or
employee
• A
faulty
or
unreasonably
dangerous
product
was
involved
Now,
this
is
a
point
at
which
we
have
to
remind
you
again
of
a
disclaimer
that
applies
to
this
report.
Every
case
is
different.
It
is
possible
that
your
case
is
not
one
of
the
common
ones,
and
that
there
is
some
sort
of
rush
beyond
this.
But
for
most
cases,
if
one
of
the
above
does
not
apply,
the
only
rush
will
be
to
secure
evidence,
and
other
than
that
you
can
take
your
time.
Note
also
that
“take
your
time”
does
not
mean
procrastinate
for
a
really
long
time.
It
means
you
can
feel
secure
in
taking
two
or
three
months
to
consider
your
options.
Immediately
after
the
death
of
a
loved
one,
you
are
likely
in
no
condition
to
be
talking
with
lawyers,
thinking
about
legalities,
or,
certainly,
securing
evidence.
But
we
can
promise
you,
the
insurance
company
and
lawyers
for
the
person
or
company
responsible
for
the
death
will
not
hesitate.
They
will
rush
out
and
gather
whatever
evidence
they
can
as
soon
as
they
can.
Will
they
destroy
evidence?
Probably
not
–
it
is
illegal
and
carries
real
penalties,
though
it
does
happen
occasionally.
But
even
assuming
they
don’t,
it
can
still
be
very
important
for
any
possible
lawsuit
that
may
happen
in
the
future
that
you
gather
evidence
before
it
is
destroyed,
altered,
or
lost,
whether
on
purpose,
by
accident,
or
even
just
by
the
passage
of
time.
For
example,
in
a
car
crash,
all
vehicles
involved
should
be
preserved
exactly
as
they
are,
taken
to
a
safe
and
dry
place,
and
kept
there
until
engineering
experts
can
examine
them.
Skid
marks
should
be
photographed,
measured,
and
recorded.
Witnesses
should
be
interviewed
quickly,
before
they
forget
what
happened.
So
that’s
the
bad
news:
there
is
this
one
item
that
you
should
rush
on.
But
we
can
temper
it
with
some
good
news:
Any
wrongful
death
lawyer
worth
his
or
her
salt
will
do
an
investigation
for
you,
and
usually
at
no
charge.
Most
lawyers
are
willing
to
pay
out
of
their
own
pocket
for
an
investigation
intended
to
determine
whether
there
is
a
viable
case.
If
it
turns
out
that
there
is
not
a
good
case,
most
lawyers
will
simply
absorb
that
investigation
cost;
it’s
just
a
cost
of
doing
business
for
most
of
us.
This
brings
us
to
an
important
question
that
you
should
ask
any
lawyer
you
are
considering
hiring:
“If
I
later
decide
to
go
with
another
lawyer,
are
you
going
to
charge
me,
or
refuse
to
turn
over
my
file,
or
charge
me
to
turn
over
my
file?”
This
is
a
particularly
important
question
if
you
are
still
raw
from
your
loss,
and
are
hiring
a
lawyer
very
quickly
to
get
that
investigation
done
and
preserve
the
evidence.

8. Shulman
DuBois
LLC
PDXinjurylaw.com
7
Remember,
even
if
you
have
not
officially
been
appointed
as
the
Personal
Representative
for
the
estate,
you
can
still
hire
an
attorney
to
begin
the
investigation.
You
do
NOT
need
to
wait
until
you
have
been
appointed
P.R.,
and
in
fact,
there
are
a
couple
of
reasons
why
you
should
NOT
wait.
First,
a
lawyer
is
usually
necessary
to
get
someone
appointed
as
P.R.,
so
you
cannot
become
P.R.
until
after
you've
hired
a
lawyer.
Second,
if
there
is
any
dispute
over
who
will
serve
as
P.R.,
evidence
could
be
lost
while
you
are
waiting.
And
there
really
is
no
downside,
because
if
you
are
appointed
as
P.R.
you
can
use
the
results
of
the
investigation,
and
if
you
are
not
appointed
P.R.,
you
can
turn
over
the
results
to
the
chosen
P.R.
and
their
attorney.

9. Shulman
DuBois
LLC
PDXinjurylaw.com
8
Chapter
4:
How
Long
Do
I
Have
to
File
a
Wrongful
Death
Claim?
In
addition
to
the
practical
time
limit
of
trying
to
gather
information
while
it’s
fresh,
there
are
also
legal
time
limits.
These
legal
time
limits
are
called
statutes
of
limitations
and
you
will
hear
this
term
a
lot.
First,
another
statement
of
our
disclaimer:
statutes
of
limitations
are
notoriously
difficult.
There
are
many,
many
special
limitations.
Every
interest
group
that
exists
seems
to
want
to
lobby
the
legislature
for
special
statutes
of
limitations
for
their
own
special
issue.
So
this
information
is
general.
It
may
not
apply
to
your
case.
Many
lawyers
refuse
to
give
this
general
information,
fearing
that
if
it’s
wrong,
they’ll
get
sued.
We
believe
it’s
better
to
give
some
information
rather
than
none.
But
we
can’t
possibly
give
you
all
the
information,
because
there’s
just
too
much
of
it.
What
we’re
writing
here
will
apply
to
90%
of
cases.
But
that
won’t
help
you
if
you’re
in
the
other
10%.
It’s
general
information
only;
you
cannot
count
on
it
applying
to
your
case.
And
finally,
if
the
incident
that
caused
the
death
happened
outside
of
Oregon,
then
Oregon
law
probably
won’t
apply,
because
every
state
is
different
and
this
report
was
written
specifically
for
Oregon
cases.
The
statute
of
limitations
for
a
wrongful
death
case
in
Oregon
is
three
years
from
the
date
of
the
incident
that
ultimately
ended
up
causing
death
(ORS
30.020).
Note
that
if
a
person
is
hospitalized
for
a
time
before
dying,
the
statute
of
limitations
begins
on
the
date
of
the
injury,
not
on
the
date
of
death.
If
the
injury
was
not
discovered
until
later
–
and
if
that
delay
in
discovery
was
“reasonable,”
–
then
the
clock
starts
when
the
injury
“was
or
reasonably
should
have
been
discovered.”
For
example,
if
someone
has
a
surgery
that
appeared
to
go
well,
but
in
fact
caused
internal
injuries
that
were
not
discovered
until
six
months
later,
and
if
that
six
month
delay
in
discovering
the
injuries
was
“reasonable,”
then
the
clock
does
not
begin
ticking
until
the
injury
is
discovered.
Or
“reasonably
should
have
been
discovered.”
What
does
“reasonably”
mean
here?
Nobody
knows.
It’s
different
for
every
circumstance
because
people
may
disagree
about
what
is
reasonable.
Ultimately,
a
judge
or
jury,
or
even
the
Supreme
Court,
may
have
to
decide
whether
a
certain
delay
was
“reasonable.”
If
Death
Was
Caused
by
a
Public
Agency
or
Employee
If
the
death
was
caused
by
a
public
entity,
or
someone
working
for
a
public
entity,
then
a
“Tort
Claim
Notice”
has
to
be
received
by
the
proper
person
or
department
within
one
year
of
the
incident
that
caused
the
death
(If
it’s
an
injury
that
does
not
cause
death,
the
time
limit
is
only
180
days).
The
“tort
claim
notice”
is
basically
the
official
notice
to
a
public
body
that
someone
believes
they
have
grounds
for
a
lawsuit.
This
is
not
the
lawsuit
itself,
which
will
later
need
to
be
proved,
but
just
the
first
step
in
the
process
–
and
if
this
step
is
not
taken
properly,
and
within
the
time
limit,
then
any
lawsuit
will
later
be
thrown
out.
Tort
claim
notices
can
be
tricky;
it
would
not
be
good
to
wait
until
the
last
minute
to
send

10. Shulman
DuBois
LLC
PDXinjurylaw.com
9
one,
as
it
has
to
be
actually
received
by
the
deadline,
and
it
has
to
go
to
the
correct
person
or
entity.
ORS
30.275
describes
exactly
what
must
be
in
the
tort
claim
notice,
and
whom
it
must
be
mailed
to.
If
you
are
suing
a
private
business
or
individual,
a
tort
claim
notice
is
not
necessary
–
but
do
not
assume
you
don’t
need
one.
If
one
is
required
and
it
is
not
received
in
time,
you
will
forfeit
your
right
to
sue
that
public
entity.
Note
that
the
Tort
Claim
Notice
must
be
received
within
the
year.
Not
sent,
not
postmarked;
but
actually
received.
And
again,
the
clock
starts
ticking
on
the
day
of
the
injury
that
ultimately
caused
the
death;
not
on
the
day
of
death.
The
details
on
how
to
send
a
Tort
Claim
Notice,
what
it
must
include,
and
who
to
send
it
to,
are
in
ORS
30.275.
Because
all
of
these
laws
work
together
to
make
it
difficult
to
sue
public
bodies,
however,
all
of
ORS
30.260
to
ORS
30.300
should
be
read
and
understood.
If
Alcohol
Was
a
Factor
in
the
Death
If
alcohol
was
involved
in
a
death,
and
if
the
server
of
the
alcohol
was
partly
responsible
for
the
death
because
they
served
an
already
visibly
intoxicated
person,
or
served
a
minor,
or
failed
to
perform
their
server
duties
correctly
in
other
ways
(which
are
defined
by
the
Oregon
Liquor
Control
Commission),
you
may
be
able
to
make
a
claim
against
the
bar
or
person
who
served
the
alcohol.
(Note:
“Bar”
is
a
generic
term,
and
the
establishment
might
actually
be
a
restaurant,
club,
hotel,
or
even
a
private
person.)
This
is
a
difficult
case
to
bring
for
many
reasons,
and
generally
speaking,
the
server
must
clearly
have
some
responsibility
for
serving
alcohol
to
someone
who
was
already
drunk,
and
who
should
not
have
been
served
even
more
alcohol.
The
Oregon
Liquor
Control
Commission
has
strict
guidelines,
and
professional
bartenders
are
trained
to
see
signs
of
intoxication
–
training
that
is
intended
to
help
prevent
deaths
from
alcohol.
When
a
bartender
ignores
these
laws,
the
bar
can
sometimes
be
liable
for
the
resulting
death.
In
a
case
where
a
bar
or
bartender
may
be
responsible,
the
establishment
must
be
sent
a
“Dram
Shop
Notice”,
which
(like
a
Tort
Claim
Notice)
is
a
special
letter
declaring
the
grounds
to
file
a
lawsuit
later.
But
a
Dram
Shop
Notice
must
be
delivered
to
the
right
person
or
entity,
and
there
is
also
a
one-­‐year
time
limit
to
file
a
Dram
Shop
Notice.
(ORS
471.565
and
ORS
471.567).
This
is
similar
to
the
Tort
Claim
Notice
that
is
required
for
public
bodies.
Just
as
with
the
Tort
Claim
Notice,
it
must
be
received
within
the
year.
Not
sent,
not
postmarked
–actually
received.

11. Shulman
DuBois
LLC
PDXinjurylaw.com
10
Chapter
5:
What
Losses
Can
I
Receive
Compensation
For?
You
will
hear
a
lot
of
people
talking
about
“damages”
during
a
wrongful
death
case.
“Damages”
can
refer
to
the
amount
of
money
you
have
lost
and
the
suffering
you
have
undergone
as
a
result
of
the
loss
of
your
loved
one,
but
“damages”
also
refers
to
the
amount
you
ultimately
settle
for,
or
the
amount
a
jury
decides
is
the
proper
compensation
for
your
losses.
So
the
word
“damages”
refers
to
both
your
losses,
and
the
money
meant
to
compensate
for
those
losses.
In
a
wrongful
death
case,
damages
are
available
only
pursuant
to
ORS
30.020,
so
the
damages
are
specified
precisely
in
the
statute.
They
are:
• Charges
for
medical
services;
• Charges
for
burial
and
memorial
services;
• Compensation
that
the
decedent
would
have
been
entitled
to
for
disability,
pain,
suffering
and
loss
of
income
during
the
period
between
injury
to
the
decedent
and
the
decedent’s
death;
• Compensation
for
“pecuniary
loss”
to
the
decedent’s
estate;
• Compensation
for
the
loss
of
the
decedent’s
“society,
companionship
and
services”
to
the
decedent’s
spouse,
children,
stepchildren,
stepparents,
and
parents;
• Punitive
damages
that
the
decedent
would
have
been
entitled
to
had
he/she
lived.
Some
notes
about
this
list:
Several
of
these
terms
are
not
clearly
defined
in
Oregon
law.
Two
of
the
big
ones
are
“pecuniary
loss”
and
“society,
companionship
and
services.”
“Pecuniary
loss”
certainly
includes
all
the
money
that
a
person
would
have
earned
during
his
or
her
lifetime,
minus
the
money
that
would
have
been
spent
on
his
self
or
her
self.
“Pecuniary”
simply
means
related
to
money.
Figuring
out
that
number
requires
hiring
an
economist
who
specializes
in
this
type
of
calculation.
The
economist
will
look
at
the
person’s
education,
history,
tax
returns,
and
so
forth,
and
will
determine
that
the
person
would
have
made
a
certain
amount
of
money
over
the
course
of
a
normal
lifetime.
You
do
not
need
to
worry
about
hiring
experts
like
economists
–
these
tasks
will
be
taken
care
of
by
the
law
firm
you
hire
to
represent
the
estate.
Economic
and
Non-­Economic
Damages
In
personal
injury
cases,
there
are
two
basic
forms
of
“damages”
a
client
may
recover:
economic
and
non-­‐economic
damages.
Some
lawyers
will
refer
to
them
as
"general"
and
"special"
damages,
but
the
correct
terms
are
economic
and
non-­‐economic
damages.
While
most
wrongful
death
damages
are
determined
by
law
using
the
criteria
defined
earlier
(see
the
ORS
30.020
damages
described
above),
these
two
types
of
damages
must
be
understood
as
well.
“Economic
damages”
is
the
compensation
you
can
receive
in
place
of
any
money
you
have
lost
due
to
the
death
of
your
loved
one.
Non-­‐economic
damages
are
more
abstract,
and
are

12. Shulman
DuBois
LLC
PDXinjurylaw.com
11
often
referred
to
as
"pain
and
suffering."
ORS
31.710
limits
the
amount
that
may
be
awarded
for
non-­‐economic
damages
in
any
injury
or
death
case
in
Oregon.
The
Oregon
Supreme
Court
has
found
this
law
to
be
unconstitutional
as
it
applies
to
injury
cases,
but
has
upheld
it
when
applied
to
wrongful
death
cases.
The
absurd
result
of
this
is
that
non-­‐economic
damages
are
limited
to
$500,000
in
a
wrongful
death
case,
even
though
there
is
no
limit
in
an
injury
case
that
did
not
result
in
death.
“Non-­‐economic”
damages
are
subjective,
nonmonetary
losses,
such
as
the
pain
and
suffering
endured
after
the
injury
but
before
death,
the
loss
of
care,
comfort,
and
companionship,
and
so
on.
This
$500,000
limit
is
one
reason
why
your
lawyer
may
recommend
bringing
the
case
in
another
state
or
under
Federal
law
(instead
of
state
law)
–
the
change
of
venue
may
allow
for
a
higher
award.
However,
in
most
deaths
that
occurred
in
Oregon,
neither
of
these
will
be
possible,
so
the
$500,000
limit
on
non-­‐economic
damages
often
applies.
Punitive
Damages
Punitive
damages
are
difficult
to
prove.
You
are
not
allowed
to
even
ask
for
them
until
after
you
show
a
judge
that
you
have
good
reason
to.
Then
you
have
to
prove
it
at
a
very
high
level
of
proof
called
“clear
and
convincing”
proof.
And
even
if
you
win
and
the
jury
awards
punitive
damages,
the
insurance
company
will
often
appeal
the
punitive
damages,
and
the
U.S.
Supreme
Court
has
gotten
more
and
more
hostile
to
high
punitive
damages
awards,
so
if
the
award
is
quite
high,
it
will
often
be
reduced
on
appeal.
As
if
that
weren’t
bad
enough,
in
Oregon
the
State
takes
70%
of
any
punitive
damages
award.
Your
lawyer
will
then
take
20%
as
a
fee
(less
than
the
normal
fee
of
33%
to
40%),
leaving
the
beneficiaries
with
only
10%.
That
10%
is
then
taxable,
so
the
final
amount
in
the
pocket
of
the
beneficiary
may
be
as
little
as
5%
and
will
never
be
more
than
10%.

13. Shulman
DuBois
LLC
PDXinjurylaw.com
12
Chapter
6:
What
is
the
Value
of
My
Wrongful
Death
Claim?
What
is
a
life
worth?
What
is
the
value,
in
dollars,
of
the
loss
of
a
father,
a
wife,
a
grandparent,
or
a
child?
There
is
of
course
no
answer
to
this
question.
The
value
of
a
life
is
not
measured
in
dollars.
But
even
though
this
is
true
–
and
obviously
true
at
that
–
the
law
cannot
accept
this
answer.
Why?
Because
if
we
accept
that
the
legal
value
of
a
life
is
not
measurable
in
dollars,
then
the
practical
outcome
becomes
that
the
dollar
value
of
the
loss
of
that
life
is
valued
at
$0.00.
And
even
though
a
life
should
not
be
measured
in
dollars,
we
do
know
one
thing
for
sure:
it’s
not
worth
zero.
So
what
do
we
do?
How
can
we
put
a
dollar
value
on
the
lost
life?
If
we
accept
that
valuing
the
life
in
dollars,
and
then
forcing
that
amount
to
be
paid,
is
some
justice
(not
full
justice,
of
course,
but
some
justice,
and
a
whole
lot
better
than
zero
justice)
if
we
accept
that,
we
still
have
to
figure
out
what
that
dollar
figure
is.
We
know
that
the
calculations
we
use
to
figure
out
the
value
will
have
to
be
flexible,
because
a
lot
of
things
can
be
included
in
an
award
that
“justly,
fairly,
and
reasonably”
compensates
family
members
for
their
loss.
There
is
not
going
to
be
a
mathematical
formula,
but
there
are
several
traits
that
can
help
us
begin
to
form
the
basis
for
an
evaluation.
If
you
go
back
and
look
at
the
last
chapter,
and
fill
in
the
reality
of
your
loved
one’s
life
for
each
of
these
bullet
points
that
the
law
says
are
used
to
determine
the
compensation,
you
will
have
a
start.
But
there
is
still
no
clear
guidance
for
what
those
figures
should
be.
It
will
also
matter
what
kind
of
a
person
the
decedent
was:
• How
s/he
treated
people
• What
his/her
relationships
with
others
were
like
• Whether
s/he
donated
to
charity
• Was
s/he
a
good
parent
• Etc.,
etc.,
etc.
Some
people
think
that
sort
of
thing
shouldn’t
matter,
because
a
life
simply
has
intrinsic
value,
but
that’s
not
how
the
law
has
developed.
The
law
has
developed
such
that
a
person’s
relationships
and
character
matter
a
lot
when
it
comes
to
the
value
of
a
claim.
Here’s
the
way
that
our
society
figures
out
what
a
life
is
worth:
we
carefully
choose
twelve
people
to
sit
on
a
jury,
and
have
them
listen
to
many
witnesses
tell
stories
of
the
deceased’s
life.
Then
those
twelve
deliberate
until
they’ve
decided
how
much
that
life
was
worth.
This
is
a
system
designed
to
be
fair
to
all
parties
involved,
and
although
the
personalities
of
the
twelve,
individually
and
as
a
group,
make
predicting
any
specific
outcome
difficult,
this
system
actually
has
a
lot
of
merit.
Because
each
trial
will
have
a
different
jury,
it
is
impossible
to
say
with
any
absolutes
how
much
a
personal
injury
claim
will
be
“worth.”
It’s
important
to
know,
however,
that
something
like
99%
of
cases
never
go
to
a
jury
trial.
We,
as
lawyers,
decide
how
much
these
cases
are
“worth”
by
trying
to
figure
out
what
a

14. Shulman
DuBois
LLC
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13
jury
would
say.
We
look
at
other
similar
cases
in
the
past,
see
what
juries
awarded
in
those,
and
make
our
best
estimate
based
on
every
detail
we
know
about
the
situation,
the
medical
records,
any
laws
that
apply,
the
personalities
and
histories
of
the
people
involved,
the
evidence
regarding
whose
fault
the
accident
was,
the
policy
limits,
and
so
forth.
In
fact,
so
very
many
things
matter,
that
it’s
really
not
possible
to
figure
out
what
a
case
is
worth
until
an
extensive
investigation
has
been
done.
But
of
course,
there
are
guidelines.
Here’s
one:
the
case
is
probably
worth
less
than
you
think,
but
more
than
the
insurance
adjuster
is
willing
to
pay.
Unfortunately,
there
is
not
a
more
concrete
guide.
The
plain
truth
is
that
every
case
is
different,
and
no
lawyer
can
value
a
case
until
they
know
all
of
the
facts.
At
that
point,
good
lawyers
can
use
their
experience,
and
the
experience
of
other
lawyers
they
trust
and
with
whom
they
would
discuss
the
case,
to
figure
out
as
best
they
can
what
they
believe
the
case
is
worth.
In
some
situations,
lawyers
will
even
put
together
focus
groups
of
unbiased
individuals
to
serve
on
a
mock
jury,
and
use
that
to
help
determine
what
the
case
might
be
worth
at
trial.
There
is
so
much
that
goes
into
it,
and
there
is
never
a
simple
answer.
But
we
hope
we
have
given
you
a
taste
of
what
is
involved.

15. Shulman
DuBois
LLC
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14
Chapter
7:
Who
are
the
Beneficiaries
in
a
Wrongful
Death
Case?
A
wrongful
death
claim
is
brought
by
a
personal
representative
for
the
benefit
of
certain
"beneficiaries."
Exactly
who
qualifies
as
a
"beneficiary"
is
defined
by
the
law.
Note
that
the
person
who
can
"bring
the
lawsuit"
is
not
the
same
as
the
people
who
can
"benefit
from
the
lawsuit."
The
“beneficiaries”
are
the
people
who
are
allowed
to
receive
money
from
a
wrongful
death
lawsuit
after
the
claim
has
been
brought
by
the
personal
representative.
Here's
who
the
law
says
can
be
a
beneficiary
of
a
wrongful
death
lawsuit:
"spouse,
surviving
children,
surviving
parents
and
other
individuals,
if
any,
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,
and
for
the
benefit
of
any
stepchild
or
stepparent
whether
that
stepchild
or
stepparent
would
be
entitled
to
inherit
the
personal
property
of
the
decedent
or
not."
In
most
cases,
the
legalese
mouthful
at
the
end
of
this
sentence
is
irrelevant,
and
the
beneficiaries
will
be
the
spouse,
children,
and
parents.
How
is
the
Money
Divided
Between
Beneficiaries?
How
is
the
money
shared?
If
a
man
dies
leaving
behind
a
widow,
two
children,
and
his
mother,
how
is
any
money
split?
Ideally,
this
is
determined
by
agreement
of
all
the
beneficiaries
and
the
personal
representative,
and
if
the
decedent
left
a
will,
the
terms
of
that
can
sometimes
matter
as
well.
If
all
the
beneficiaries
can
agree
(and
if
the
children
are
18
or
over
–
more
on
this
soon),
then
the
split
they
agree
upon
will
usually
work
just
fine.
A
judge
has
to
approve
the
split,
but
a
judge
will
almost
always
go
along
with
a
split
that
is
agreed
upon
by
everyone
with
a
legal
right
to
the
proceeds.
If
any
of
the
beneficiaries
is
under
18
years
old,
then
a
judge
may
appoint
a
lawyer
as
a
conservator
to
represent
each
child
in
negotiating
the
apportionment.
This
is
not
always
necessary;
sometimes
the
minor’s
parent
can
negotiate
on
behalf
of
the
child,
and
so
long
as
it
is
done
fairly,
the
judge
will
allow
it.
If
all
beneficiaries
cannot
agree
on
how
to
split
the
proceeds,
then
each
person
can
argue
his
or
her
case
to
the
judge.
The
standard
that
the
judge
will
use
is
that
the
proceeds
should
be
apportioned
“in
accordance
with
the
beneficiary’s
loss.”
What
exactly
that
means
is
left
to
the
judge’s
discretion,
which
not
only
can
be
frustrating,
but
also
destructive,
because
it
leaves
the
mourning
survivors
to
fight
about
who
was
closer
to
the
deceased
person,
and
about
who
“lost”
more
when
the
person
died.
To
summarize,
proceeds
will
usually
be
split
among
the
spouse,
children,
and
parents
of
the
decedent.
“Children”
includes
stepchildren,
and
“parents”
includes
stepparents.
If
none
of
these
people
are
still
alive,
then
it
will
get
complicated.
If
the
person
who
passed
away
lived
in
a
state
other
than
Oregon,
then
that
state’s
law
has
to
be
consulted.
If
all
the
beneficiaries
can
agree
on
the
amounts
of
the
split,
then
the
judge
will
usually
approve
the
agreed-­‐upon
split.

16. Shulman
DuBois
LLC
PDXinjurylaw.com
15
Chapter
8:
How
Do
I
Hire
a
Wrongful
Death
Attorney?
How
Much
Will
It
Cost?
Guidelines
for
finding
a
good
wrongful
death
attorney:
1. Ask
around.
Getting
a
referral
from
someone
you
trust
can
be
an
excellent
place
to
start
when
you’re
looking
for
a
lawyer.
2. Find
an
expert.
Specialists
beat
generalists,
so
you
probably
want
a
lawyer
who
specifically
focuses
on
personal
injury
and
wrongful
death.
3. Meet
with
all
potential
lawyers.
Don’t
sign
anything
until
you’ve
met
and
discussed
your
case
with
several
possible
attorneys.
A
good
attorney
is
someone
you
will
trust
and
feel
comfortable
with.
4. Take
a
look
at
the
Client
Bill
of
Rights.
Many
attorneys
will
have
this
written
down
in
some
form
or
other.
Those
who
don’t
should
be
able
to
tell
you
verbally.
5. Make
sure
your
lawyer
is
willing
to
go
to
trial
if
you
do
not
get
a
reasonable
offer.
Of
course,
the
lawyer
and
the
deceased’s
family
may
not
always
see
eye-­‐to-­‐eye
on
what
constitutes
a
good
offer,
but
if
the
offer
is
objectively
unreasonable,
your
lawyer
must
be
willing
to
go
to
trial.
6. Have
your
attorney
explain
all
fees
and
costs
up
front.
You
don’t
want
any
surprises,
especially
unexpected
fees.
7. Look
for
a
lawyer
who
is
a
member
of
the
Oregon
Trial
Lawyers
Association
(OTLA)
and
the
American
Association
of
Justice
(AAJ,
formerly
ATLA).
Membership
in
these
organizations
shows
that
your
lawyer
is
proud
of
what
he
or
she
does,
cares
about
justice,
and
is
willing
to
put
money
and
time
towards
the
cause
of
justice
in
Oregon
(OTLA)
and
the
entire
U.S.A.
(AAJ).
8. Find
out
about
a
lawyer’s
caseload.
If
the
“personal
touch”
is
important
to
you,
ask
lawyers
about
how
many
cases
they
handle
at
a
time.
9. Make
sure
your
lawyer
is
interested
in
educating
you.
Some
attorneys
just
want
to
take
your
case
and
never
talk
to
you,
but
for
most
people,
an
attorney
who
will
guide
you
through
each
step
of
the
process
will
be
a
better
choice.
10. Make
sure
your
lawyer
has
adequate
malpractice
insurance.
Every
lawyer
in
Oregon
is
required
to
carry
at
least
$300,000
in
malpractice
insurance.
A
careful
lawyer
who
takes
wrongful
death
cases
will
carry
much
more
than
that.
Attorneys
and
Contingency
Fees
To
put
it
in
the
simplest
terms
possible,
a
contingency
fee
agreement
means
if
the
lawyer
takes
your
case
and
doesn’t
win,
it
costs
you
nothing
in
attorneys’
fees.
The
result
must
go
in
your
favor,
and
only
then
does
your
lawyer
receive
a
fee.
This
does
not
include
the
costs
of
the
case,
only
attorneys’
fees,
but
you
can
discuss
the
possible
costs
with
the
attorney
before
hiring
him
or
her.
And,
in
most
cases,
when
the
case
is
successful
all
the
costs
will
be
paid
out
of
the
award
so
that
having
an
attorney
will
not
cost
you
anything
at
all
out
of
pocket.
The
lawyers
get
paid
when
you
get
paid.
The
contingency
fee
agreement
will
stipulate
an
amount
the
lawyer
is
to
be
paid
once
your
case
has
been
won
–
usually
a
percentage
of
the
final
award.
Your
costs
will
also
come
out
of
the
settlement
if
successful,
so
there
should
be

17. Shulman
DuBois
LLC
PDXinjurylaw.com
16
no
surprises
in
terms
of
payment.
In
addition,
rules
are
in
place
which
state
that
lawyers
can
only
charge
a
“reasonable”
fee.
Those
rules
vary
from
place
to
place
and
are
based
on
the
“rules
of
professional
conduct,”
but
in
Oregon,
any
“clearly
unreasonably
fee”
is
illegal.
Clients
have
very
little
to
lose
with
a
contingency
fee
agreement.
People
who
could
never
normally
afford
to
go
forward
with
legal
proceedings
can
have
their
day
in
court
without
fear
of
the
expense
involved.
Once
a
fee
agreement
has
been
signed,
the
attorneys
agree
to
front
all
costs
of
the
case
for
the
client.
This
means
all
expenses
will
be
paid
by
the
law
firm,
not
the
client,
with
the
understanding
that
these
expenses
will
later
be
reimbursed
by
the
settlement.
Wrongful
death
cases
can
be
especially
expensive,
and
going
to
trial
can
costs
tens
of
thousands,
so
this
allows
a
client
to
work
with
an
attorney
without
any
upfront
payment.

18. Shulman
DuBois
LLC
PDXinjurylaw.com
17
Conclusion
Thank
you
for
taking
the
time
to
educate
yourself.
You’ve
already
taken
a
step
to
help
your
family.
If
you
still
feel
overwhelmed,
don’t
worry
–
you
are
not
alone.
Many
people
have
successfully
navigated
wrongful
death
suits
before,
and
if
you
decide
this
is
the
best
route
for
you
and
your
family,
we
believe
you
can
do
the
same.
To
that
end,
we
are
always
available
if
you
have
questions.
Our
firm
prides
itself
on
educating
our
clients
and
the
community
about
Oregon
laws,
so
if
you
have
questions,
please
do
not
hesitate
to
call
us
at
503-­‐222-­‐4411
or
email
us
at
info@pdxinjurylaw.com.
No
charge
and
no
sales
pitch,
we
promise.
Or,
if
you
want
to
know
more
about
Oregon
wrongful
death
laws,
our
website
is
www.pdxinjurylaw.com.
We
wish
you
and
your
family
all
the
best,
and
we
hope
this
report
has
been
helpful
as
you
continue
to
heal
from
the
death
of
your
loved
one.
-­‐
Joshua
Shulman
and
Sean
DuBois,
Attorneys
at
Law
Portland,
Oregon