The unexpected, premature death of a family member is one of the most traumatic experiences someone can weather. Grief tends to change people, and every aspect of someone’s daily life may shift dramatically when they lose a loved one.
Not only do people struggle socially and emotionally after losing a loved one, but they are likely to struggle financially as well. In many cases, someone who dies early in life leaves their family with major expenses and a loss of decades of potential income.
Oregon state law does allow people to request compensation by filing a wrongful death lawsuit after a loved one’s premature passing caused by another’s negligence or intentional conduct. What type of evidence is typically necessary for a successful wrongful death lawsuit in Oregon?
Evidence of omissions or misconduct
State law is very clear. Plaintiffs generally need proof that a business or individual caused someone’s death through either a failure to act or acting improperly. Both misconduct and omissions are potentially grounds for wrongful death lawsuits in Oregon. Families need evidence supporting their claim that another party did or failed to do something that directly caused the death of their loved one.
The level of evidence necessary is more forgiving than the standard for evidence in criminal court. Plaintiffs need only demonstrate that the preponderance of the evidence supports their case rather than proving that the defendant was at fault for the tragedy beyond a reasonable doubt.
Evidence of financial losses
The second main component of any wrongful death lawsuit is proof of the economic impact the death has had. People need records helping to validate the amount of compensation they request. Prior income statements, invoices from hospitals, records of unpaid services and numerous other forms of evidence can help proof that someone’s passing has had a negative impact on the finances of those who survived them. Someone’s role in their family and their age at the time of their death can strongly influence what economic impact their death may have on others.
A successful wrongful death lawsuit can give people a sense of closure after a certain kind of tragedy changes their lives. When a judge or jury agrees that a person or business is responsible for a tragedy, that can lead to a feeling of vindication. Filing a wrongful death lawsuit can also reduce the financial impacts that surviving loved ones may experience while also giving them a sense of justice after a preventable loss.