STATE LAW – OREGON LIBRARY – GUIDE 20
Oregon Wrongful Death & Survival Claims
Oregon build draft. Fatal-crash claims involve Oregon wrongful-death statutes, estate issues, insurance, damages, beneficiaries, and timing rules that differ from ordinary personal-injury claims.
Oregon wrongful-death claims are brought by the personal representative
ORS 30.020 authorizes the decedent’s personal representative to maintain the wrongful-death action for the statutory beneficiaries when the decedent could have maintained an action had the decedent lived.
Wrongful-death and survival claims are distinct
ORS 30.075 preserves qualifying personal-injury causes of action after death and generally gives the personal representative up to three years to commence an unfiled survival action, subject to special rules such as the Oregon Tort Claims Act. Wrongful-death and survival damages should be separated to avoid duplication.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.