- Oregon -

Wrongful Death Case Example
Date	Facts	Decision (may be subject to appeal)
11/29/2002	This wrongful death case occurred in Oregon. The Products liability wrongful death claim was by the family of a machinist who was killed on April 5, 2000 when he was hit by a 50 bronze disc that was thrown from a V5 vertical lathe at the Cornell Pump Company shop in Portland. The Plaintiff claimed that the machine was defective and unreasonably dangerous as designed by Hyundai because it failed to consider the strength of the viewing window in the machine and that it failed to meet safety standards set by the American National Standards Institute. Hyundai also failed to warn of the dangers associated with operating the machine or to remedy the problem when it became apparent to the manufacturer.	$7,120,000

Important:

It's generally prudent to act as soon as possible when dealing with legal issues. For example, the closer it is to an accident, the easier it is to investigate and identify who is liable for the injuries that resulted. This will usually increase the chances of recovering a higher amount of compensation for the personal injury. Some states have set a statute of limitation on the time frame you must file your personal injury case that will automatically disqualify you from recovering any compensation if you wait too long.

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Frequently Asked Wrongful Death Questions:

Who might be considered as the survivors of a victim of wrongful death? The survivors of a wrongful death victim may vary from state to state, but in general, usually the survivors include the spouse and minor children. Check with a Lawyer for specifics.

What compensation can be claimed in a wrongful death case? Compensation may vary by state or jurisdiction but some examples include the following: (i) Expenses incurred by the death of the victim (funeral, medical, etc.); (ii) Loss of future earnings anticipated over the lifetime of the victim; (iii) Benefits lost due to the victims death (medical insurance, pension, 401K, etc.); (iv) Survivors pain, suffering and mental anguish caused by the victims death; (v) Companionship, care or protection lost to the survivors as a result of the death and (vi) General and punitive damages. Check with a Lawyer for specifics.

Who can file a wrongful death claim? This depends on the individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file. Check with a Lawyer for specifics.

Are there any limitations on who cannot be sued? This depends on the individual state law, but in some states, a family member cannot sue another family member for wrongful death. Check with a Lawyer for specifics.