When a crash takes someone’s life, a legal claim is the last thing most families want to think about. There is no timeline for grief, but there is one for the decisions that follow a fatal crash, and the two do not line up. This page explains, plainly and without pressure, how Oregon handles these claims and what it means for this office to handle one for your family.
Luis Martinez is a Salem wrongful death attorney who has represented Oregon families since 2002. We handle the claim carefully and keep it moving without placing that burden on the family. Everything can be handled in English or Spanish, and the consultation is free.
How Oregon's wrongful death law works
Oregon’s wrongful death statute allows a claim when someone’s death is caused by another’s wrongful act or negligence, in circumstances where the person could have brought an injury claim had they lived.
Who brings it: the claim is filed by the personal representative of the person’s estate, acting on behalf of the surviving family, generally the spouse, children, stepchildren, parents, and stepparents, to name a few. If no personal representative exists yet, one can be appointed; that is a normal early step, not an obstacle.
What it is for: the claim accounts for what the death cost the estate and the people left behind, from the concrete (medical expenses from the final injury, funeral and burial costs, the income and support the person would have provided) to the human losses the law calls loss of society and companionship.
The deadline: wrongful death has its own time limit in Oregon, generally three years from the injury that caused the death, which is different from the ordinary injury deadline. Exceptions run in both directions, and some circumstances shorten the window considerably, so treat the deadline as a question to ask early rather than a date to count on.
Fault still matters: if the other side argues your family member shared blame for the crash, that argument affects the claim the way it would any injury case, and it gets answered the same way, with evidence.
How we work with families
Slowly, clearly, and without asking you to relive things more than necessary.
The office handles the investigation of the crash, preservation of evidence, appointment process for a personal representative if one is needed, communication with every insurance company, and documentation of the expenses and losses. You are consulted on decisions. You are not asked to chase paperwork.
Luis evaluated claims from the insurance side before spending his career representing the injured and their families. He knows how insurers value fatal-crash claims. An insurer may make an early settlement offer before the full scope of the loss is known. No number gets recommended to your family until the loss has been fully evaluated, and if the insurer will not resolve the claim fairly, the case is prepared for court.
Two commitments run through these cases: you stay informed without having to ask, and you are never pressured toward a settlement.
What compensation may be available
Compensation in a wrongful death claim is measured by what the death took, from the estate and from the family. Depending on the facts it can include:
- Medical expenses from the final injury, and funeral and burial costs
- The income, benefits, and support the person would have provided
- The care, companionship, and guidance lost by a spouse, children, and parents
- In some cases, damages for what the person experienced between the injury and their death
No list like this captures a person, and we do not pretend it can. The claim’s purpose is narrower: to make sure the family’s future is not paying for someone else’s negligence. We value it carefully and completely, and no settlement is recommended before the full loss is understood. The decision runs through the family: the personal representative weighs it with you and with us, and the court reviews a wrongful death settlement before it becomes final.