In many states around the country, the family members of the deceased are responsible for filing the wrongful death claim in civil court. However, in Oregon, only the personal representative or executor of the deceased person’s estate is allowed to file these lawsuits.
Typically, if the deceased individual had a will, they would likely have named the personal representative there. More often than not, the personal representative or executor of the estate will actually be a member of the family, but that does not have to be the case. If the deceased did not have a will or if the personal representative named is not able to serve, the court is allowed to appoint someone else.