In Oregon, families proceed with legal claims after a family member dies under avoidable circumstances. These civil claims allow them to acquire compensation for expenses and support. The following are FAQs about these types of cases directed toward a wrongful death lawyer in Medford.
What Is a Wrongful Death?
A wrongful death is classified as a fatality that could have been avoided. These fatalities are linked to auto accidents, medical malpractices, and actions in which an alternative step could have stopped the victim’s death. A wrongful death implies that the defendant could have made a different choice in their actions that could have allowed the victim to live.
Are Criminal Acts Included in These Claims?
Yes, criminal acts are included in these claims. At any time that a criminal act leads to a fatality, the family retains the right to take civil action. They can sue the criminal defendant for damages, which are the result of a loss that could have been prevented.
What Expenses Are Included in the Lawsuits?
The family can file a claim for medical costs, funeral expenses, and a loss of financial support from the victim. They can acquire tort-based awards based on pain and suffering. If the court awards the family with the lifetime wages after a loss of support, they must calculate these wages based on those earned by the victim. They calculate the total value of wages that the victim would have earned throughout their lifetime.
Can the Family Collect from a Different Source and File These Lawsuits?
The family cannot file a lawsuit if they acquire compensation through other sources in most cases. They must report these collections to the court and provide complete transparency. If they don’t disclose these collections, their claim may be dismissed altogether. The court will determine if they have a viable claim after assessing these collections.
In Kansas, families have the legal right to file a claim when a family member dies due to avoidable circumstances. These circumstances could medical errors, auto accidents, and criminal acts. Families who need assistance should contact a wrongful death lawyer in Medford through Black Chapman Petersen and Stevens or browse the website for more details.
Black Chapman Petersen and Stevens
221 Stewart Ave #209
Medford, OR 97501