This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Oregon Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
Who Can Recover Compensation In Oregon After a Wrongful Death? In Oregon, any surviving spouse, children, or parents of a deceased person who died due to someone else's carelessness can recover compensation for their wrongful death.
This type of action functions to compensate the surviving family members for monetary loss, pain and suffering, funeral and burial costs, and more. The beneficiaries that can claim compensation for a wrongful death case are the victim's: Spouse. Children.
Damages Cap ORS 31.710 limits the amount of non-economic damages to $500,000 in wrongful death cases. In other words, any damages for non-economic things such as loss of care, comfort, companionship and society, pain, mental suffering, or loss of consortium are limited to $500,000.
Under ORS 30.020, the wrongful death action is brought by the personal representative of the decedent's estate, for the benefit of the decedent's beneficiaries. The statutory beneficiaries include the decedent's spouse, children, and parents.
Who can bring Oregon wrongful death claims? Generally speaking, it's the spouse and/or children of the victim who make Oregon wrongful death claims. However, ing to the personal injury lawyers in Portland, awards in Oregon can also be made to grandparents, step-children, step-parents, and parents.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
Damages Cap ORS 31.710 limits the amount of non-economic damages to $500,000 in wrongful death cases.