Are There Caps on Damages in Oregon Wrongful Death Cases?

Losing a loved one due to someone else’s negligence or wrongful actions is devastating. While no amount of money can replace your loved one, a wrongful death claim can lead to financial stability for your family. Through non economic damages Oregon law provides, you can hold the responsible parties accountable.

If you’re considering filing a wrongful death lawsuit in Oregon, you may be wondering if there are limits on the compensation you can receive. At Hess Injury Law, we want to help you understand your rights during this difficult time.

What Damage Caps Exist in Oregon Wrongful Death Cases?

Oregon law treats different types of damages differently when it comes to caps or limits on compensation in wrongful death cases:

Economic Damages: No Cap

Economic damages in wrongful death cases include quantifiable financial losses such as:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial expenses
• Loss of income and benefits the deceased would have earned
• Loss of household services the deceased would have provided

There is no cap on economic damages in Oregon wrongful death cases. This means there is no limit to the amount of compensation you can receive for these concrete financial losses.

Non-Economic Damages: $500,000 Cap

Non-economic damages compensate for intangible losses that don’t have a specific dollar value, such as:

• Loss of companionship, comfort, and society
• Loss of parental guidance (for children)
• Loss of spousal intimacy and support
• Emotional distress and grief

Oregon law (ORS 31.710) currently imposes a $500,000 cap on non-economic damages in wrongful death cases. This cap applies regardless of the number of beneficiaries or claimants.

Punitive Damages: Limited and Partially Allocated to State Fund

Punitive damages may be awarded in cases involving particularly egregious conduct. These damages are designed to punish the wrongdoer and deter similar behavior.

If punitive damages are awarded in an Oregon wrongful death case:

• 30% goes to the prevailing party
• 60% goes to Oregon’s Criminal Injuries Compensation Account,
• 10% is allocated to the State Court Facilities and Security Account

Additionally, Oregon law requires clear and convincing evidence of malice or reckless indifference to award punitive damages—a higher standard than for other damages.

Important Exceptions to Oregon’s Damage Caps

It’s crucial to understand that Oregon’s cap on non-economic damages doesn’t apply in all situations:

Claims Against Public Bodies

If the wrongful death claim is against a government entity or public body in Oregon, different limits apply under the Oregon Tort Claims Act. These limits change periodically and depend on when the incident occurred.

Constitutional Challenges

Oregon’s damage caps have faced constitutional challenges over the years. In some cases, the Oregon Supreme Court has struck down damage caps as unconstitutional in certain contexts. An experienced wrongful death attorney can advise you on the current state of the law regarding your specific case.

Types of Compensation Available in Oregon Wrongful Death Cases

Despite caps on certain damages, wrongful death claims can still provide significant compensation to help your family through this difficult time.

Available damages may include:

Medical Expenses

The cost of medical treatment the deceased received between the time of injury and death can be recovered, including emergency care, hospital stays, surgeries, medications, and any other related medical expenses.

Funeral and Burial Costs

All reasonable expenses associated with funeral services, burial or cremation, cemetery plots, headstones, and related costs can be included in your claim.

Loss of Income and Future Earnings

This includes the deceased’s lost wages from the time of injury until death, as well as the projected income and benefits they would have earned throughout their expected career. Factors considered include:

• Current salary and benefits
• Work history and education
• Projected promotions and raises
• Expected retirement age
• Life expectancy

Loss of Services

The value of household services the deceased would have provided, such as childcare, home maintenance, cooking, cleaning, and other tasks. These services would otherwise need to be hired out and paid for.

Loss of Companionship and Society

While subject to the $500,000 cap, this compensation acknowledges the profound loss of guidance, care, and companionship the deceased provided to family members.

Punitive Damages

In cases involving gross negligence or intentional harmful conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Who Can Receive Compensation in an Oregon Wrongful Death Case?

Oregon law specifies who can receive compensation from a wrongful death lawsuit. Potential beneficiaries include:

• Surviving spouse
• Children (biological and adopted)
• Parents (if the deceased had no spouse or children)
• Stepchildren and stepparents
• Other family members who would be entitled to inherit under Oregon’s intestate succession laws

The personal representative of the deceased’s estate brings the wrongful death lawsuit on behalf of these beneficiaries. The court will ultimately determine how the compensation is distributed among eligible family members.

Frequently Asked Questions About Oregon Wrongful Death Cases

Who can file a wrongful death lawsuit in Oregon?

In Oregon, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This personal representative is typically named in the deceased’s will or appointed by the court if there is no will. The personal representative brings the claim on behalf of surviving family members who may be entitled to compensation.

How long do I have to file a wrongful death lawsuit in Oregon?

Oregon law establishes a statute of limitations of three years for most wrongful death cases. This means you generally have three years from the date of death to file a lawsuit. However, certain circumstances may extend or shorten this timeframe. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss important deadlines.

How is compensation distributed among family members?

After a successful wrongful death claim, the court will hold a hearing to determine the proper distribution of damages among eligible beneficiaries. The court considers factors such as each beneficiary’s relationship to the deceased and their financial and emotional dependence on them. This ensures the compensation is distributed fairly according to the specific circumstances of each family.

How Hess Injury Law Can Help With Your Case

While we know that no amount of money can bring back your loved one, a successful wrongful death claim can provide financial security for your family and hold responsible parties accountable.

At Hess Injury Law, we understand how devastating it is to lose someone due to another’s negligence. Contact us today for a consultation about your wrongful death case. Our team is here to guide you with care and experience throughout every step of the legal process.

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.