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The death of a loved one can leave anyone inconsolable, but when that death is the fault of an individual or organization, it’s even more complex. The good news is that you’re not alone. The wrongful death attorneys at Swanson, Lathen, Prestwich, PC — a law firm located in Salem, Oregon — can help you secure the compensation you deserve after such a momentous loss. While it will never make up for the loss of life, the right lawyer can make sure you have fair compensation to ease your stress about the future.
WRONGFUL DEATH ATTORNEYS
Get Support After the Death of a Loved One
In Oregon, wrongful death means that someone died due to another person’s negligence, actions, or recklessness. When this happens to a loved one, it can leave you reeling.
Worse yet, it can leave you with severe financial burdens you cannot handle alone. You may have to pay for a mortgage, suddenly support a family on a single income, or deal with debts and loans without the support of your family member.
In Oregon, the personal representative, dependents, and beneficiaries of the victim of wrongful death are entitled to damages up to $500,000 each.
However, you have to fight to get that amount. Our wrongful death attorneys fight for you to get you the compensation you and your family members need to get through these tough times.
Relentlessly Advocating for You
With the support of the team at Swanson, Lathen, Prestwich, PC you can find a sense of justice after your senseless loss. We’re here to guide you through the legal process. Here’s what we do.
Step One
File Your Case
Our expert legal team starts by helping you file a case. We assist you in providing sufficient proof that your loved one was killed in a wrongful death incident and gather all the paperwork for you.
Step Two
Negotiations and Demands
Once your case is filed, it’s time for the real work to begin. Our seasoned team stands up for you and handles all mediation. We make reasonable demands to get you the compensation you need and deserve to move on from this challenging incident.
If the other team won’t settle, our wrongful death attorneys won’t hesitate to take care of legal proceedings in court. They’ll ensure you’re supported and fairly represented throughout the process.
Step Three
Get Your Payout
Once the legal proceedings are over, you’ll get the compensation you deserve — most likely through a settlement or, rarely, a verdict. Our team will only take our fee if and when we win for you. That’s how confident we are that we’ll get you a fair payout.
You’re not alone in these tough times. We help you take advantage of your rights by not letting the person or people responsible for your loved one’s death walk away unaffected. Get in touch with our legal team and get the assistance you deserve.
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Types of Wrongful Death Cases
If you have lost a loved one because of the neglect of another, you’ll want a lawyer immediately. A wrongful death attorney in Oregon can advocate on your behalf. Some of the most common wrongful death cases often include:
Car Accidents
Unfortunately, car accidents are some of the most common wrongful death cases. A recent study found that Oregon has experienced the highest spike in car crash deaths in the United States, with a 31.61% increase over the past decade. With so many Oregonians using their cars to go to work, go on road trips, pick up groceries, and more, the odds are that there will be drivers who aren’t paying attention and drive recklessly. Suppose an accident occurs and a driver or passenger is killed. In that case, it becomes a wrongful death case that will likely be taken to court to hold the negligent party responsible. Restitution could include compensation to the family of the deceased party.
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Trucking Accidents
Semi-truck accidents often involve crashes with other vehicles but occupy their own category because of significant differences. Semi-trucks are larger, and the causes of crashes can be particularly complex due to factors such as the potential of shared liability, trucking company policies, and federal regulations. Common causes of semi-truck accidents often involve mechanical issues with the truck, oversized loads, aggressive driving, fatigue, and more.
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Bicycle Accidents
Bicycle accident wrongful death lawsuits occur when a cyclist is killed from wrongful actions or negligence of another party, which is usually driving a motorized vehicle. Factors causing a bicycle accident usually include distracted driving, failure to yield, driving under the influence, poor road conditions, and speeding. Because of the complexities of bicycle accidents, hiring a wrongful death lawyer in Oregon is essential to advocate on behalf of your loved one.
Pedestrian Accidents
Pedestrian accidents occur when an individual on foot is struck by a vehicle, leading to a fatality. Like other types of accidents, pedestrian accidents are commonly caused by speeding, reckless driving, failure to yield, poor visibility, distracted driving, and more. In some cases, establishing negligence and determining liability can be a challenge. If you have lost a loved one in a pedestrian accident, working with a wrongful death attorney in Oregon is critical to hold responsible parties accountable.
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Defective Products
As consumers, we should be able to trust the products we purchase. That’s why it is particularly devastating if a defective product leads to death. Common defective product issues are flaws in the design that make it unsafe, manufacturing issues, and failure to inform consumers of potential dangers associated with using the product.
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Nursing Home Neglect
If a nursing home or long-term care facility fails to provide adequate care, resulting in the death of a loved one, you may file a lawsuit for negligence or wrongful death. Common causes of neglect that could lead to death include abuse, medication errors, neglect, or failure to prevent accidents. If you have experienced the death of a loved one because of nursing home neglect, our Oregon wrongful death attorneys will work to seek justice for your loved one.
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Premise Liability
If your loved one has died due to negligence or unsafe conditions on someone else’s property, you may be entitled to file a wrongful death claim. In these circumstances, the case will focus on the responsibility of property owners to maintain a safe environment for their visitors. Common premise liability cases revolve around slips and falls, inadequate security, dog bites, dangerous conditions, or neglect of recreational areas. At Swanson, Lathen, Prestwich, PC, we’ll advocate for your loved one to get the compensation you need.
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WRONGFUL DEATH ATTORNEYS
Who Can File a Wrongful Death Claim?
While laws regarding who can file a wrongful death claim can vary across the country, the attorneys at Swanson, Lathen, Prestwich, PC, only represent family members involved in personal death claims. Generally speaking, there is an order of priority among family members regarding who has the right to sue. If the deceased individual has a surviving spouse, they legally have the right first to pursue a wrongful death claim. If there is no spouse, the individual’s children have the right to pursue a claim, followed by the individual’s parents.
WRONGFUL DEATH ATTORNEYS
The Time Limit for Filing a Wrongful Death Claim
In Oregon, wrongful death lawsuits must be filed within three years after the date of the accident or injury that caused the death. This time limit, also known as the statute of limitations, means a lawsuit must be initiated within this three-year time frame. If you’re considering filing a wrongful death lawsuit and have questions regarding the statute of limitations, don’t hesitate to ask a wrongful death attorney in Portland.
WRONGFUL DEATH ATTORNEYS
Wrongful Death Damages/Compensation Available
If your loved one was killed because of a wrongful death accident, there are many wrongful death damages and potential compensation available. Common damages you may be entitled to include compensation for the lost financial support and suffering due to the death, any medical expenses incurred before the death, lost wages, funeral costs, pain and suffering, loss of companionship and support, and potential punitive damages. It’s important to note that each case will vary. Contact our attorneys to receive a free case evaluation regarding the compensation your family deserves.
FAQs About Wrongful Death Claims
Navigating a wrongful death claim can be confusing. Here are a few frequently asked questions to make things easier.
What is the difference between a personal injury claim and a wrongful death suit?
Both are lawsuits filed due to the actions or negligence of another individual, resulting in an injury. However, in a wrongful death lawsuit, the victim of those actions is deceased.
The victim can file a personal injury lawsuit, but with a wrongful death case, the survivors would have to file the suit. These are typically the close relatives of the person who died due to wrongful death.
How hard is it to prove wrongful death?
Proving wrongful death is no harder than proving another type of lawsuit. You’ll need to provide evidence that another person or organization breached their duty of care to show that there was a wrongful death. Then, you’ll have to prove that the breach is what led to the death of your loved one.
The best course of action is to work with a wrongful death attorney, such as the ones at Swanson, Lathen, Prestwich, PC. They can help you assemble a solid case and provide sufficient evidence in a court of law.
How long do wrongful death cases take?
Wrongful death cases aren’t quick. It can take anywhere from a few months to four years for the entire process to complete. That’s true even if your case doesn’t go to trial.
Filing a claim and negotiating compensation with the other party can take much time. In the hands of an experienced wrongful death attorney, however, we can help you reduce that time as much as possible.
Can I bring a wrongful death action based on the death of a child or an elderly person?
Yes. You can bring a wrongful death action based on the death of a person regardless of their age. The only stipulation is that you must properly prove this was a wrongful death case. Nursing home negligence or other types of lawsuits may be more appropriate in some circumstances.
The team at Swanson, Lathen, Prestwich, PC can help you with this. Our legal team will examine your case to determine what type of action you should pursue. From there, we’ll help you gather the appropriate evidence for your case.
Is an autopsy necessary in a wrongful death case?
It depends. Autopsies are not always necessary to prove wrongful death cases, nor are they generally required.
However, in many circumstances, you have a much greater chance of winning your case if you choose to conduct an autopsy. This can provide crucial evidence that helps prove wrongful death.
Who pays in a wrongful death suit?
In a wrongful death suit, the at-fault party’s insurance company will be responsible for paying any compensation. This is generally the case with most organizations that have wrongful death policies as part of their general insurance.
In the event that the at-fault individual or organization doesn’t have insurance, they will have to pay for your compensation personally.
Client Reviews
I was involved in an accident, and was having difficulties dealing with my insurance company.One of my neighbors recommended me to Brian Lathen, after a very prompt meeting I retained his services.Durring a long and tiring process, the staff at Swanson Lathen and Prestwich made me feel so much more comfortable, and helped greatly in getting through it.Along with now having a trusted lawyer/allie to call if anything unexpectedly happens in the future. I feel like I had made a friend.Thank you.
Swanson Lathen Prestwich is a Godsend!I was in a terrible car crash, literally caused by another person who admitted fault to the police, to their own insurance, to my insurance and I STILL had to fight for fair compensation. Realizing I needed to get a lawyer involved, an acquaintance recommended Travis Prestwich.After meeting Mr. Prestwich, I was immediately at ease. He was very knowledgeable, kind, welcoming and realistic. I appreciated that he actually listened to me and provided information that helped me get into the right mind frame. Travis was very patient and kind and responded to questions rather quickly. I appreciated his realistic approach and learned quickly that other lawyers, judges and community members, highly respect him; which was a huge sign that he was the right person for my situation!His staff, Carrie Meeker and Jennifer Hiser were equally phenomenal during the process! They were also very kind, empathetic, knowledgeable and responded to inquires in a timely manner and were just wonderful to work with. As odd as this sounds, I really enjoyed talking with them and knew that once my case with over with that I would miss all three of them.When the time came, and I had to go through a settlement hearing, Travis was by my side the whole way through. The unknown always frightens me but he found a way to keep me at ease with his calm demeanor. This review doesn’t even do this trio justice! They are wonderful people and did a phenomenal job on my case.I pray I never have to go through this process again however if I do, Travis will be the very first person I call. I HIGHLY recommend Swanson Lathen Prestwich and Travis Prestwich, Carrie Meeker and Jennifer Hiser!! I wish there were more people out there like them! I give them an A+++
Mr. Prestwich and his entire staff were nothing but kind, supportive and professional through the entire process of helping me with my car accident settlement. The outcome was exactly what I had hoped for and it was all because of the hard work that was done by this office.
Myself and my family have worked with Keith Swanson since the late 80's.Unfortunately when an accident occurs you need to make good decisions.You can't go wrong with Keith.He's an amazing man. Honest, straight forward and well respected in the industry.Not to mention one of the best accident attorneys in the profession.Thank you Keith, and Chris.
Great Services! Helpful reception. Brian Lathen was great and helped a lot.
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