Who Gets the Money in a Wrongful Death Lawsuit in Oregon?

Losing a loved one is never easy, especially when their death was caused by someone else’s negligence or wrongdoing. In those situations, the surviving family members may be entitled to compensation through a wrongful death lawsuit. But who exactly receives the money in a wrongful death case? Here’s how it works under Oregon law.

What Qualifies as a Wrongful Death in Oregon

In Oregon, a wrongful death is defined as a death caused by the wrongful act or omission of another person or entity. This can include incidents such as:

• Car, truck, and motorcycle accidents caused by negligent drivers
• Workplace accidents due to unsafe conditions
• Defective products that cause fatal injuries
• Acts of violence

If a family member’s death may qualify as a wrongful death under Oregon law, talking with an experienced wrongful death attorney is the most useful first step toward understanding your options.

Who Can File a Wrongful Death Lawsuit in Oregon

Under Oregon law (ORS 30.020), the personal representative of the deceased person’s estate brings the wrongful death lawsuit on behalf of the surviving family members. The personal representative is typically named in the deceased’s will or estate plan.

If the deceased did not leave a will naming a personal representative, the court will appoint one. This is usually the surviving spouse or an adult child. If there is no spouse or children, the court may appoint a parent, sibling, or another suitable person as the personal representative.

What Damages Are Awarded in Oregon Wrongful Death Cases

In a successful wrongful death case, the surviving family members may be entitled to various types of damages.

Economic damages:

• Medical expenses related to the deceased’s final illness or injury
• Funeral and burial expenses
• Loss of the deceased’s income and future earning potential

Non-economic damages:

• Pain and suffering endured by the deceased before their death
• Loss of the care, comfort, and companionship of the deceased
• Emotional distress suffered by the surviving family members

In rare cases involving particularly egregious or reckless conduct, punitive damages may also be awarded to punish the responsible party and deter similar behavior in the future.

How Are Wrongful Death Settlements Paid Out

In Oregon, wrongful death settlements are typically paid by the insurance companies of the at-fault parties to the personal representative of the decedent’s estate.

The personal representative is responsible for distributing the settlement funds to the beneficiaries according to Oregon’s wrongful death statute (ORS 30.020). Before the funds can be distributed, the court approves the settlement agreement and the proposed distribution of the funds to the eligible beneficiaries.

We’ve covered the broader settlement payout process separately if you want to dig into the timeline and deductions side of things — see our guide on how personal injury settlements get paid out.

How Are Wrongful Death Lawsuit Proceeds Divided

Under Oregon law, the personal representative of the decedent’s estate distributes the wrongful death lawsuit proceeds to the following beneficiaries:

1. The decedent’s surviving spouse, surviving children, surviving parents, and other individuals who would be entitled to inherit the decedent’s personal property under Oregon’s intestate succession laws
2. Any stepchild or stepparent of the decedent, regardless of whether they would be entitled to inherit the decedent’s personal property

The proceeds are divided based on the following types of damages:

1. Reasonable charges necessarily incurred for medical services, burial services, and memorial services rendered for the decedent
2. Compensation for the decedent’s disability, pain, suffering, and loss of income between the time of injury and death
3. Pecuniary loss to the decedent’s estate
4. Pecuniary loss and loss of society, companionship, and services suffered by the decedent’s spouse, children, stepchildren, stepparents, and parents
5. Punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived

The court determines the appropriate division of the proceeds among the eligible beneficiaries based on the specific circumstances of each case.

How an Oregon Wrongful Death Attorney Can Help

A wrongful death lawsuit can be emotionally challenging for grieving family members. An experienced Oregon wrongful death attorney can help in several ways:

• Evaluating the case to determine if you have a valid wrongful death claim
• Identifying all potential sources of compensation, including insurance coverage you may not realize is available
• Building a strong case by gathering evidence, interviewing witnesses, and consulting with expert witnesses
• Handling all the legal procedures, paperwork, and deadlines
• Negotiating with insurance companies and at-fault parties
• Representing your interests in court if necessary

We’ve also written separately about who can sue for wrongful death in Oregon and the chances of winning a wrongful death suit if you want to read further before reaching out.

Talk to a Wrongful Death Attorney About Your Family’s Case

At Hess Injury Law, our wrongful death attorneys understand that no amount of money can ever replace your loved one. Holding the responsible parties accountable and securing financial resources for your family can ease some of the burdens you face during a difficult time.

If you’ve lost a family member due to someone else’s negligence in Oregon, contact our office for a free, no-obligation consultation. Our team will listen to your story, explain your legal options, and work to pursue the compensation your family needs.

Hess Injury Law represents families throughout Eastern Oregon and Eastern Washington from offices in Walla Walla, Hermiston, and Pullman.

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.