Wrongful Death Attorney

Wrongful Death Attorney

Hello, my name is Justin Johnson, and I'm a wrongful death lawyer practicing in Hillsboro, Oregon. I understand that if you're reading this, you've likely experienced a devastating loss – someone you loved has been taken from you far too soon, and it happened because of someone else's careless or reckless acts. Words cannot heal your grief, but I want you to know this: you are not alone, and you may have legal options to seek both justice and financial support during this overwhelmingly difficult time.

I've dedicated my career to helping families in the Portland metro area, particularly here in Hillsboro, navigate the complexities of personal injury cases. While I know the legal process might feel like the last thing you want to deal with, it's important to understand your rights. It could make a significant difference in your healing journey and help you rebuild after such a profound loss.

This page is meant to guide you. Think of it as a starting point. We'll talk about what wrongful death means, why hiring an attorney might be the right choice for you, and how the legal process generally works. The legal information here is simplified, so I encourage you to contact me directly to discuss the specific details of your situation.

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What is Wrongful Death?

In the simplest terms, wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person or company. Under Oregon law, specific family members may have the right to file a lawsuit to hold the responsible party accountable.

Here are some of the most common types of situations that can lead to a wrongful death claim:

• Car, truck, motorcycle, or bicycle accidents: Caused by factors like drunk driving, reckless driving, distracted driving, or speeding.
• Medical malpractice: This includes surgical errors, misdiagnosis, failure to diagnose a treatable condition, medication errors, or other forms of medical negligence that lead to a patient's death.
• Workplace accidents: Unsafe conditions, inadequate training, or faulty equipment can result in fatal workplace incidents.
• Defective or dangerous products: Manufacturers and sellers can be held responsible if their products cause injuries or death due to design flaws or lack of proper warnings.
• Intentional acts of violence: In some cases, if someone intentionally causes another person's death, family members may be able to file a wrongful death lawsuit in addition to the criminal charges the perpetrator may face.

Important Note: Even if there's a criminal case related to the death of your loved one, a wrongful death lawsuit is a separate matter. It's a civil action that focuses on securing financial compensation for the surviving family members.

Why You Might Need a Wrongful Death Lawyer

Losing a loved one in such a tragic way is an emotionally overwhelming experience. On top of the immense grief you're facing, you might also find yourself dealing with unexpected financial burdens:

• Medical Bills: If your loved one received treatment before they passed, there might be substantial medical costs.
• Lost Income: The loss of your loved one's financial support can create significant hardship for your family.
• Funeral Expenses: Saying goodbye is expensive, and these costs add up quickly.
• Pain and Suffering: While no amount of money can make up for your loss, it's important to acknowledge the emotional pain and suffering a wrongful death inflicts on those left behind.

Here's how a wrongful death lawyer can help:

• Focus on healing, not paperwork: Let a lawyer handle the complexities of the law while you focus on taking care of yourself and your family.
• Expertise in navigating insurance companies: Insurance companies often use tactics to minimize payouts. A lawyer knows how to counter them and fight for the full compensation you deserve.
• Calculating the full value of your claim: It's not just about lost wages. A skilled attorney will consider all the ways this loss impacts your life, both financially and emotionally.
• Seeking justice and accountability: A wrongful death lawsuit can hold negligent parties responsible for their actions and potentially help prevent similar tragedies from happening to others.

Remember: It's not just about the money – it's about protecting your rights and getting the answers and closure you deserve.

What Can a Wrongful Death Lawyer Do for You?

When you're choosing a wrongful death lawyer, you're not just hiring them for legal knowledge, you're hiring them to be your advocate during a deeply painful time. Here's what a compassionate and experienced wrongful death lawyer can do:

• Thoroughly Investigate the Case: Building a strong wrongful death claim requires in-depth investigation. This can involve:
  • Gathering police reports, medical records, and witness statements.
  • Consulting with experts, such as accident reconstructionists or medical professionals, to analyze the circumstances.
  • Identifying all potentially liable parties, ensuring no one escapes responsibility.
• Handle All Communication with Insurance Companies: Insurers will try to contact you, but it's best to refer everything to your lawyer. They'll protect you from saying anything that can hurt your case and negotiate aggressively on your behalf.
• Accurately Assess Your Damages: A wrongful death lawyer can calculate the total financial losses as well as the intangible damages you've suffered, which might include:
  • Lost future earnings your loved one would have provided.
  • Loss of companionship, guidance, and support.
  • Emotional distress and mental anguish.
• Fight for Your Interests Every Step of the Way:
  • Prepare and file all the necessary legal paperwork.
  • Represent you in all settlement negotiations, ensuring your demands are met.
  • Take your case to trial, if necessary, and passionately argue for the best possible outcome.

Ultimately, a wrongful death lawyer's goal is to shoulder the legal burden so that you can start the process of rebuilding your life.

When a loved one passes before their life has run its natural course, there is a profound sense of loss. The complex mix of emotions, sadness, and anger, is experienced differently by every surviving loved one and family member. While the attorneys at Johnson Law will never be able to fully experience what you are feeling, we will do our best to support you in any way we can. The most important service we can offer is promising to do everything we can to hold the person or company responsible for what they have done. A wrongful death attorney will fight for you to hold the at-fault party accountable for the life they have cut short. A wrongful death attorney from Johnson Law will do so with compassion and care.

The Wrongful Death Legal Process (General Overview)

It's important to understand that every wrongful death case is unique, and the timeframe for each step in the process can vary. However, here's a general overview of what you might expect:

1. Free Consultation: Most wrongful death lawyers offer a free initial consultation. This is your chance to discuss your case, ask questions, and get a feel for whether the attorney is the right fit for you.
2. Investigation and Claim Preparation: If you hire a lawyer, they'll start an in-depth investigation. This involves gathering evidence, consulting experts, and building a strong legal argument demonstrating the other party's liability.
3. Filing the Lawsuit: In Oregon, there are time limits (called statutes of limitations) for filing wrongful death cases. Your lawyer will handle all necessary paperwork and ensure your claim is filed on time.
4. Negotiations and Potential Settlement: Often, insurance companies will try to settle out of court. Your lawyer will negotiate aggressively to secure a fair settlement that meets your needs.
5. Trial: If a settlement isn't reached, the case may go to trial. Your lawyer will zealously represent you in court, presenting your case to a judge or jury to obtain the compensation you deserve.

Please Note: This is a simplified outline. Each case is different, and your lawyer will explain the specific steps involved in your situation.

What are the Costs?

Losing a loved one is devastating, and I want you to know that getting legal help shouldn't add to your financial stress. Everyone deserves access to a wrongful death attorney. That's why I work on a contingency fee basis, which means:

• You don't pay anything out-of-pocket: You won't be responsible for any upfront fees or costs to begin your case.
• You only pay if we win: My fees are a percentage of the compensation we secure for you. If we don't win, you don't pay anything.
• We take on the financial risk: My firm believes in your case, which is why we'll cover all the necessary costs to build a strong claim. We only get reimbursed if we win.

My priority is your well-being: I don't want financial concerns to prevent you from getting the justice you deserve. Let me handle the legal and financial complexities so you can focus on healing. When hiring us we will sit down with you to carefully go over the fee agreement and answer any questions.

Finding the Right Wrongful Death Lawyer

Choosing a wrongful death lawyer is a deeply personal decision. You need someone who understands the devastating impact of your loss and possesses the skill and determination to fight for the justice you deserve. Here's what to look for:

• Specialization Matters: Wrongful death cases are complex. Choose a lawyer who focuses specifically on this area of the law, not someone who dabbles in various legal matters.
• A Proven Track Record: Look for a lawyer with a history of successfully securing compensation for families in similar situations. Ask about their previous case results.
• Compassion and Commitment: This is an emotional journey. You need a lawyer who will listen with empathy, truly understand your situation, and fight tirelessly for you.
• Clear Communication: Choose a lawyer who will explain complex legal matters in plain terms, keep you updated on the progress of your case, and always be available to answer your questions.

Trust Your Instincts: Most wrongful death lawyers offer free consultations. Meet with a few and see who you connect with the most. It's important to find someone you feel comfortable with and confident can represent you effectively.

We're Here to Help (Hillsboro & Portland Metro Area)

I understand there are no words that can ease the pain you're experiencing. But if you've lost a loved one due to another's negligence, please know that you don't have to face this alone. As an attorney deeply rooted in the Hillsboro and Portland communities, I'm dedicated to helping families in our area navigate this challenging time.

I offer free consultations to discuss your situation, answer your questions, and help you understand your legal options. There's no pressure and no obligation. My goal is to provide you with the information and support you need to make the right decisions for you and your family.

If you're ready to take the first step, please don't hesitate to reach out.

Additional Resources

We know that legal matters are only one aspect of this overwhelming situation. Here are some additional resources that may offer support during this difficult time:

• Grief Support:
  • The Dougy Center for Grieving Children & Families - Portland locations: https://www.dougy.org/ : Offers peer support groups for children, teens, and adults who have lost a family member. They have age-specific groups, as well as groups for those who have lost someone to suicide, homicide, or other types of sudden death.
• Legal Information:
  • Nolo: Wrongful Death Lawsuits https://www.nolo.com/legal-encyclopedia/wrongful-death-claims-overview-30141.html (Provides general information on wrongful death claims in plain language)

Frequently Asked Questions (FAQs) About Wrongful Death

Q: What qualifies as a wrongful death? A: In general, wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person or entity. Some common examples include car accidents, medical malpractice, dangerous products, and workplace accidents.

Q: How long do I have to file a wrongful death lawsuit in Oregon? A: The statute of limitations (time limit) for filing a wrongful death claim in Oregon is generally three years from the date of the death. There are some exceptions, so it's crucial to consult with an attorney as soon as possible.

Q: Who can file a wrongful death lawsuit? A: In Oregon, the personal representative of the deceased person's estate usually files the lawsuit. If there is no will, the court appoints a personal representative. In some cases, close family members like a spouse, children, or parents may be able to file.

Q: What kind of compensation can I receive in a wrongful death case? A: Damages in a wrongful death claim can include:

• Medical expenses incurred before the loved one's death
• Funeral and burial expenses
• Lost income and future earning potential
• Loss of companionship, support, and guidance
• Emotional pain and suffering of surviving family members

Q: Do I have to go to trial? A: Not necessarily. Many wrongful death cases are settled out of court through negotiations with the at-fault party's insurance company. However, if a fair settlement cannot be reached, your attorney will be prepared to fight for you in court.

Q: How much does it cost to hire a wrongful death lawyer? A: Most wrongful death lawyers work on a contingency fee basis, meaning you pay nothing upfront. They only collect a fee if they win your case, which is typically a percentage of the settlement or award.

Q: What if the person who caused the death is facing criminal charges?

A: A wrongful death lawsuit is separate from criminal proceedings. You can pursue a civil suit regardless of the outcome of the criminal case.

Q: Can I file a wrongful death claim if my loved one was partially at fault?

A: Oregon follows a modified comparative fault rule. This means you may still recover damages even if your loved one was partially at fault, but the award would be reduced based on their degree of fault.

Q: How long does a wrongful death case take?

A: The timeline varies. Some cases settle quickly, while others take longer, especially if they go to trial. An attorney can give you a better idea after reviewing your specific situation.

Q: I'm not sure if I have a case, should I still contact a lawyer?

A: Absolutely! Most lawyers offer free consultations to assess your situation and guide you on whether you have grounds for a wrongful death claim.

Have more questions? Don't hesitate to reach out.

We understand this is a difficult time. Please contact us for a free consultation to discuss your specific situation and get the answers you need.