Wrongful death laws provide a civil remedy when a person is killed due to the negligence of another person or company. Wrongful death lawsuits may be based upon drunk driving accidents, the manufacture of defective products, the construction of an unsound building, or failing to diagnose a fatal disease.
Among the types of damages that may be recovered under Oregon’s wrongful death law are:
- Future earnings that the deceased would have earned;
- Lost pension or retirement benefits;
- Medical bills;
- Funeral costs;
- Loss of inheritance;
- Pain and suffering suffered by the survivor;
- Loss of companionship; and
- Punitive damages if the conduct is very egregious.
Wrongful Death — Past Case Example #1
David Irland, 23, was taking a ski class at Walla-Walla College when he suffered a spinal cord injury during a snowboarding accident, rendering him paraplegic. He was taken by Life Flight to Portland, and while there, a dean from the college came to his hospital room, and one of David’s classmates overheard as the dean tried to get David to admit that the college was not at fault, and that if anyone was at fault for his injuries, it was only David, himself. We brought suit against the college for the dean’s outrageous conduct, and were able to use that claim to require both the college and the ski operator to defend the case in Portland.
After years of suffering, David died as a result of his injuries, and his parents maintained the case on behalf of his estate.
Irland had signed a release when he completed paperwork for the class, and we managed to persuade the Court to find the release invalid, despite the fact that the case was bound by Washington Law, which has a heavy presumption in favor of such a release. These rulings forced the settlement of the case.
On the anniversary of David’s death, his mother published a remembrance on The Oregonian obituary page in which she thanked Kafoury & McDougal for obtaining justice for her son.
Wrongful Death — Past Case Example #2
11-year old J.S. attended a Quintessoria at the Yamhill County Fairgrounds. The family renting the fairgrounds was required to hire security as a condition of their rental of the fairgrounds. Security was required to restrict persons attending the party to a particular building at the fairgrounds. A group of children went to play soccer in a field. Parents were supervising the kids playing soccer. When J.S. and other children playing soccer were coming back after having some refreshments, they headed to an open storage building rather than the soccer field. Security was aware that other children had previously gone to the storage building. The building had stacks of furniture and equipment. J.S. died from injuries caused by a glass display case he ran into while playing soccer in the storage building. Our firm represented the estate of J.S. against persons responsible for security and safety at the Yamhill County fairgrounds. The case settled for a substantial confidential amount prior to trial.
Wrongful Death — Past Case Example #3
C.A. had a son, P.J., who was a drug addict and in steep decline. He had taken to stealing from family members. On April 15, 1997, P.J. had been locked out of his mother’s home. She had ignored his demands that he let her in, and he persuaded a repair man from the telephone company, US West, to help him get into the second floor using the company ladder. Once inside, P.J. had a confrontation with his mother and stabbed her to death. We filed suit against US West for negligence for helping a man get into a house under circumstances where the phone company man had made no inquiry in order to determine what was actually going on. On behalf of the estate, the case was settled for a confidential amount.