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Eugene, OR Wrongful Death Lawyers
What is a Wrongful Death?
Wrongful death is a legal term to describe a claim that certain individuals can make against a person who wrongfully or negligently causes the death of another. Wrongful death claims are enacted by the state legislature to govern who can bring a wrongful death claim.
Our wrongful death attorneys and lawyers have helped our clients recover substantial monetary settlements from the negligent persons who caused the wrongful death.
Making a Wrongful Death Claim
Since wrongful death claims are governed by a statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are set also by statute.
Wrongful Death Claim for Passengers
During most car accident or wrongful death claims, the suit is towards the driver of the other vehicle. However, when a passenger is injured or dies from the negligence of the driver of the car in which the passenger was in a case can be made against the driver. In the car accident mentioned above, the passenger was not at fault for the driver speeding. Surviving family members can then bring forth what is known as a wrongful death case.
Components of a Wrongful Death Case
By law, there are four main elements involved to claim a wrongful death case. Family members of the deceased wanting to claim wrongful death must prove each element to be awarded financial recompense. The four elements of a wrongful death case are:
Negligence: It must be proven that the individual being sued was reckless, careless, or negligent.
Causation: It must be shown how the defendant’s negligence caused the death of their loved one.
Breach of Duty: Proof that the defendant in a wrongful death owed a duty to the deceased. For example, in the story from above, the driver had a duty to the pedestrian to drive a reasonable speed and to be aware of pedestrians.
Damages: There can be many damages occurred from the death of a wrongful death victim. For instance, medical expenses, funeral and burial costs, loss of income and potential earnings, etc.
Proving these elements to the court during a wrongful death lawsuit requires strong evidence. The experienced wrongful death attorneys at Parke Gordon Law Firm can help to gather this evidence and make a strong claim on your behalf.
Examples of Wrongful Death Claims
Car Accidents: If your loved one was killed in a car accident, you may be able to file a wrongful death claim. For example, if a drunk driver hit their car, you could possibly file against the drunk driver for negligence. Another example would be if the airbag did not deploy in a car accident. You could possibly make a product liability claim against the airbag or car manufacturer.
Work Related Accidents: If your loved one was killed while at work, you may be able to file a wrongful death claim as well as a workers’ compensation claim. For example, if the equipment at a job site failed and killed someone, a wrongful death claim may be filed against the company for not having equipment maintained properly.
Who Can File a Wrongful Death Claim?
Typically, a close family member of the victim will file the wrongful death claim. Who can file differs from state to state? In Washington. If you are planning on filing a wrongful death claim, contact personal injury attorney, Mat Parke. Attorney Mat Parke believes that every client deserves top-tier representation. Our wrongful death attorneys have helped our clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Mat is aggressive, experienced, and trusted and will fight to ensure you get a fair settlement. Call (541) 485-4878 for a free consultation.
Receiving Compensation for Wrongful Death
When a person is wrongfully or negligently killed because of another, family members of the deceased have a right to compensation. The wrongful death attorneys at Parke Gordon Law Firm in Boise has helped clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Many different factors will determine the amount of compensation you may receive for a wrongful death such as:
- Proposed income from the deceased
- Savings of the deceased
- Number of dependents
- The degree of negligence that caused the wrongful death
Contact a Eugene Wrongful Death Attorney Now
Contact a wrongful death attorney in Eugene today to find out if you are entitled under the statute to bring a claim and, if so, what types of damages you are entitled to recover. Our lawyers are aggressive, experienced, and trusted. We will fight big insurance companies with deep pockets to ensure you get a fair settlement. Call our Eugene personal injury law office now at (541) 485-4878.
You Pay Nothing Until We Win Your Case
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Eugene, Washington Law Office
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Parke Gordon, LLC
228 E. 11th Ave
Eugene, OR 97401
Phone: (541) 485-4878