(509) 525-4744
Hablamos Español
October 6th, 2025
When someone dies in a car accident in Hermiston, Oregon, the impact goes far beyond the crash site. It’s not just about insurance claims or medical records—it’s about a family reeling from a sudden loss, a household thrown into emotional and financial crisis, and questions that deserve real answers.
If your loved one was killed due to someone else’s negligence on the road, Oregon law gives you the right to pursue compensation. But the process is not automatic, and it’s not always fair. At Hess Injury Law, we help families in Umatilla County take legal action with clarity and a commitment to results.
Below, we’ll break down exactly what compensation is available, who can file, what steps to take, and what to expect.
A wrongful death claim is a civil lawsuit brought when someone’s death is caused by the careless, reckless, or intentional act of another person or entity. In Oregon, wrongful death is governed by ORS § 30.020, which allows certain surviving family members to recover damages.
Car accidents are one of the most common causes of wrongful death claims in the state. Whether it was a drunk driver, a distracted teen, a commercial truck, or a speeding car that caused the crash, the legal process is designed to hold the at-fault party financially accountable.
Importantly, this is a civil matter—not criminal. That means you can bring a claim even if no criminal charges are filed, or if the driver is acquitted in criminal court. Civil cases are about justice and compensation, not punishment.
Under Oregon law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is often the executor named in the Will or appointed by the court if there is no Will.
That representative files the claim on behalf of surviving family members, which may include:
Even if you aren’t the one filing the claim directly, you may still be entitled to a portion of the settlement or verdict.
Compensation in a wrongful death case can cover both economic and non-economic damages. That means it’s not just about the financial losses—it’s also about honoring the emotional toll.
Here’s a breakdown of what may be available:
There is no hard cap on wrongful death damages in Oregon as of this writing, but insurers will always try to undervalue claims. Our job is to ensure they don’t.
To recover compensation, your attorney will need to prove four core elements:
Evidence may include:
This isn’t something you should have to collect or argue alone. Our firm handles the investigation, evidence preservation, and legal strategy—so you can focus on grieving and healing.
In Oregon, the statute of limitations for wrongful death claims is generally three years from the date of the person’s death (not necessarily the date of the accident). However, certain details—like who is eligible to file or whether a government vehicle was involved—can impact the timeline.
If you miss the deadline, you may lose your right to compensation forever. That’s why it’s critical to speak with a Hermiston wrongful death lawyer as soon as possible, even if you’re not ready to make decisions.
Yes. Oregon follows a modified comparative negligence rule. That means compensation is still possible as long as the deceased was less than 51% at fault for the crash.
Here’s how it works:
Insurance companies may try to blame your loved one to avoid paying full value. Our job is to push back with evidence and fight for a fair result.
At Hess Injury Law, we’ve built our reputation on clear communication, relentless advocacy, and real results. We’re not a billboard firm with hundreds of cases on autopilot. We take the time to get to know your story, your loss, and your goals.
Our wrongful death representation includes:
We’ve walked this road with many families in Hermiston, and we understand what’s at stake. You don’t have to carry this burden alone.
Here’s what you can do right now:
You didn’t choose this situation. But you can choose how to respond. The death of a loved one in a car crash deserves more than silence or a settlement that falls short.
Let’s make sure your family is heard—and that your loved one’s life is honored through action.
Call Hess Injury Law today or fill out our secure contact form for a free, confidential consultation. We’re here for you, and we’re ready to help.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.