In Oregon, a death can be wrongful if the at-fault party’s negligence, wrongful act or omission caused its occurrence. If you lost a loved one due to a fatal car crash, your family may have a wrongful death claim.
Proving the four pillars of negligence
Wrongful death cases are complex to handle. To succeed in your claim, you must prove these four legal elements of negligence:
- The driver owed a duty of care to follow Oregon traffic laws.
- The driver violated their duty.
- The breach directly caused your loved one’s injury and subsequent death.
- You suffer financial and emotional loss because of the driver’s negligence.
Collecting evidence, such as photos of the accident scene, your deceased loved one’s medical records and police reports, is crucial in proving the guilty party’s negligence.
Determining the fault of both parties
As the grieving party, understanding Oregon’s modified comparative fault negligence is important. By law, you can recover compensation if your loved one is less than 51 percent at fault for the incident.
For instance, the judge finds that your deceased loved one was 30 percent responsible for the incident. The compensation you can get is reduced to 30%, meaning you receive 70%. However, If the judge finds that your late loved one is majorly responsible for the incident, they can bar your wrongful death claim.
Navigating the legal process
Proving the negligence of the at-fault driver can be challenging. While collecting evidence can help you build a case, you also need to consider specific state laws regarding beneficiaries and deadlines. Seeking legal counsel can offer clarity on the complex wrongful claim process.