Wrongful Death Facts

Wrongful death claims in Oregon afford families the opportunity to seek justice on behalf of a deceased loved one. The burden of proof in a murder case is rather strict. In order for a criminal charge to be made, the evidence must show guilt beyond a reasonable doubt. In the case of a wrongful death claim, a preponderance of evidence is sufficient to result in a judgment. Wrongful death claims are not pursued only in cases of murder or physical assault, but can be sought in cases where individuals died due to another person’s negligence or carelessness.

The death of a loved one can leave families devastated, not only emotionally, but financially. Not only is a family responsible for funeral expenses for which they may not have planned, but families may also face medical bills as well. Additionally, families who depended on a loved one’s income may find themselves short of that much-needed income source. Families also suffer emotional damage as well and the law affords families and loved ones the right to seek compensation in the case of a wrongful death. Generally, spouses or children file a wrongful death claim in Newberg, Oregon and McMinnville, Oregon. However, grandparents, stepparents, and parents can also make wrongful death claims. It is important to seek the advice of a skilled wrongful death lawyer in order to ensure that justice is served. Demetri Tsohantaridis, P.C. works hard to make sure that your family receives the justice it deserves.

Skilled Wrongful Death Attorney in Newberg, Oregon and McMinnville, Oregon

Grieving the death of a loved one is a complex process. Elisabeth Kübler-Ross attributed five stages to the grieving and mourning process. Individuals may face initial denial and isolation. Psychologically, denial protects us from the initial pain and shock of the loss. Next, Ross identified anger as a normal part of the process. After this, individuals may go through a bargaining stage whereby they might consider ways in which the loved one could have been saved had things gone differently. Individuals may next suffer from depression due to the normal mourning and grieving process. Finally, many individuals who move through these stages experience acceptance.

For families of loved ones who died due to another individual’s negligence or neglect, the grieving process described above is more complicated. Anger is a normal part of the grieving process, but when there is a clear culprit or negligent individual who was responsible for your loved one’s death, your anger may not be resolved until justice is sought or served. Furthermore, the bargaining stage, whereby family and loved ones consider ways that a loved one’s death could have been prevented, can be further complicated by the reality that neglect or carelessness caused a loved one’s death. With illness or natural death, often the bargaining stage involves a process whereby individuals come to accept that nothing could be done. In the case of a wrongful death, this stage of grief is compounded by the reality that something could have been done, and that there is a clear culprit involved. Finally, depression can be exacerbated if family and friends don’t take action. Grief is difficult enough, and families may not want the added burden of litigation during this trying time. Yet, many families and loved ones have been able to seek peace and acceptance by virtue of seeking justice in the name of their lost family member or loved one. Seeking the counsel of a wrongful death lawyer can help you and your family members move forward. Demetri Tsohantaridis, P.C. is a wrongful death attorney in Newberg, Oregon and McMinnville, Oregon. You and your family are not alone.

How Much is a Wrongful Death Lawsuit Worth?

Damages for wrongful death are determined based on a variety of factors. Your wrongful death attorney will navigate the complex legal process to ensure that your family receives the amount of money it deserves. Many factors must be taken into account when determining the value of a wrongful death claim. Funeral expenses and medical bills often are easy to determine. However, other factors can be taken into consideration. Wages that the deceased individual may have been able to earn must be estimated. In some cases, experts must be called in to determine how much money a person might have been expected to contribute to the family over the course of his or her lifetime. Next, a wrongful death lawyer can determine the pain and suffering sustained by an individual from the time of the accident to the time of death. Families have a right to seek compensation for any suffering the deceased family member may have experienced. Next, your personal injury attorney can calculate a sum for the loss of companionship owed to the spouse or children. Additionally, in cases of extreme negligence, family members can also seek punitive damages. Unlike compensatory damages, punitive damages are in place to punish individuals for any wrongful acts they may have committed due to gross negligence and carelessness.

Oregon places limits on the amount of time families have to file a claim for wrongful death. Families may have up to three years to file a claim from the date of the injury that caused the death, not on the day the victim died. For this reason, it is important to seek the help of a wrongful death lawyer as soon as possible. It can take time to gather necessary evidence, and to seek out appropriate experts and witnesses required to make the strongest case possible. Contact Demetri Tsohantaridis, P.C. today if you have suffered a wrongful death in Newberg, Oregon and McMinnville, Oregon. Demetri Tsohantaridis, P.C offers compassionate representation for families, while also pursuing aggressive in, or out-of-court litigation.