It is important to point out that wrongful death claims are different from criminal charges that a person could face for taking the life of another. Prosecutors in Oregon are responsible for pressing charges against individuals accused of causing a death. Not every wrongful death claim will also involve a criminal charge against the individual. In many cases, the negligence that causes a wrongful death is not the same thing as a criminal action that causes the death.
Individuals face charges when they willfully or recklessly cause the loss of life. In many cases, a person can face criminal charges for the death of an individual as well as a civil lawsuit from the family for the death of the individual. There do not have to be any criminal charges in order for family members to file a wrongful death claim in Oregon. Even if a person does face charges and the charges are later dropped, or if they are found not guilty, a wrongful death claim can still proceed forward and be successful.
Because of the time limits placed on wrongful death claims, we strongly encourage you to work with a skilled lawyer as soon as possible, even if the person responsible for your loved one’s death is facing criminal charges. Prosecutors are not responsible for filing wrongful death claims, and they will not be able to assist you with this. You need your own wrongful death lawyer who has experience handling these types of civil matters.