This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Oregon Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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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.
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.
Under Oregon law, an estate must go through a full probate unless the value of the real property is $200,000 or less and the value of all other property (like bank accounts, investment accounts, cars, manufactured homes that are not part of the land, other tangible personal property ? everything except land) is $75,000 ...
If you don't have a will when you pass away, the court will distribute your property ing to the rules of intestate succession in Oregon. Your assets will go to your closest relatives, as defined by Oregon law regardless of what your relationship with them was like or what you would have wanted.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
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. Usually, the person who brings the suit is a family member.
Who Can File an Oregon Wrongful Death Lawsuit? In some states, a deceased person's family members can file a wrongful death claim. In Oregon, however, only the personal representative (sometimes called the "executor") of the deceased person's estate can file the lawsuit.
The statutory beneficiaries include the decedent's spouse, children, and parents. In some instances, step-parents and step-children can qualify as beneficiaries of the decedent's wrongful death claim.