Fatal Car Accident Lawyer Portland Oregon

If a loved one has lost their life in a car accident in Portland, Oregon, you should have all the information you need so that you can make an informed decision on what to do next. Auto accidents are a leading cause of fatalities and serious injuries in Portland, Oregon, and legal assistance is crucial for families affected by such tragedies.

This guide covers the essential steps and how a fatal car accident lawyer can help secure justice and fair compensation.

For immediate legal assistance and to better understand your legal options, contact our firm for a free consultation to discuss your case. You can reach us at 503-546-8812.  

Key Takeaways

• There are strict legal time limits that apply to fatal car accident cases including a three-year statute of limitations and potentially a one-year tort claim notice. You should consult an experienced Portland fatal car accident lawyer quickly so that your family does not miss an important deadlines. Also, if there are any exceptions to deadlines, you will want to know so that you can quickly take advantage of any available exceptions.
• Hiring experienced car accident attorneys and personal injury lawyers is crucial for securing fair compensation and handling your car accident case effectively. We have the expertise to deal with insurance companies that will do whatever they can to deny your family’s claim. This is not the time to go it alone or engage a lawyer without the necessary experience.
• You must establish a personal representative for the estate of your loved one before you can bring a wrongful death claim. That person acts as the ultimate decision maker. A personal injury attorney with experience handling wrongful death cases will be able to advise your family on who should be the personal representative and do the necessary court filings to establish the personal representative.

What You Need To Know About Fatal Car Accidents  - Oregon Law

Oregon law requires drivers to carry bodily injury and property damage liability insurance, which are essential for covering losses in personal injury cases and personal injury claims that arise after a fatal car accident.

Who Can Bring a Claim After a Fatal Oregon Car Crash?

In Oregon, a wrongful death claim can only be brought by the personal representative of the deceased person’s estate. The personal representative acts on behalf of the estate and for the benefit of eligible family members including the surviving spouse, surviving children, step children,  surviving parents, step parents, and potentially any other person entitled to inherit under Oregon’s laws of intestate succession which includes siblings etc.

When Can a Claim Be Brought After a Fatal Oregon Car Crash?

Oregon law places a three-year time limit on when the personal representative of a decedent's estate can bring a wrongful death claim. In the context of a car accident that means that a lawsuit must be filed within three years of the fatal car accident. This is a year longer than the normal two-year limit when the accident does not result in a fatality.

It is very important to note that there are other limitations and deadlines that might apply such as the requirement for a tort claim notice when the at-fault party is a government entity.  You should contact an experienced personal injury attorney so that you do not miss any deadlines.  

What Money Damages Can Be Included in a Fatal Oregon Car Crash Claim?

In Oregon, wrongful death claims are governed by statute, specifically O.R.S. 30.020, which outlines the types of damages recoverable. Those recoverable damages include economic, non-economic and sometimes punitive damages.  

The economic damages include reasonable and necessary medical expenses incurred, bills for burial and memorial services, and lost wages.

The non-economic damages include compensation for the loss of companionship and services experienced by the surviving spouse, children, parents, step-parents and step-children. The non-economic damages also include pre-death pain and suffering to the decedent.  

Punitive damages are only available when the the at-fault driver's conduct was intentional or sufficiently reckless. The common situation where punitive damages may be available is drunk driving accidents.

Punitive Damages in Fatal Car Accident Cases

In certain fatal car accident cases, families may be entitled to more than just compensatory damages—they may also be eligible for punitive damages. Punitive damages are intended to punish the at-fault driver for especially reckless or egregious behavior, such as drunk driving, distracted driving, or other forms of gross negligence. These damages also serve as a deterrent, sending a clear message that such dangerous conduct will not be tolerated on Oregon’s roads.

Oregon law allows for punitive damages in fatal car accident cases when there is clear evidence that the at-fault driver’s actions were not just negligent, but reckless or intentional. We can help your family determine whether your case qualifies for punitive damages and will work tirelessly to pursue the maximum compensation available. By holding the at-fault driver fully accountable, we can help your family achieve a sense of justice and contribute to safer roads for everyone.

If you believe your loved one’s fatal car accident was caused by a drunk driver, distracted driver, or another form of reckless behavior, call us to explore your options for punitive damages and ensure your family’s rights are fully protected under Oregon law.

Where Do You Bring a Claim For Damages in a Fatal Oregon Car Crash Case?

Wrongful death lawsuits in Oregon must be brought in the appropriate county courthouse. The proper county is where one or all of the defendants reside or the county where the fatal crash occurred. If the defendant is a company, the lawsuit can be brought in any county in which the company does regular and sustained business. If the defendant does not reside in Oregon then the wrongful death lawsuit can be brought in any county in the state. Lawyers who routinely represent car accident victims spend quite a bit of time evaluating the appropriate venue as there are often multiple legally appropriate venues.  It is the lawyers responsibility to thoughtfully consider each potential venue to try to choose the venue which is most likely to produce maximum compensation for accident victims.

How To Bring a Claim for a Fatal Oregon Car Crash?

You need to get a lawyer. This is not the kind of case you should be doing on your own. Call a Portland fatal car accident lawyer or lawyer who routinely handles death cases and cases with serious injuries. They will begin the process of settling up the wrongful death claim. The lawyer will gather all the information that might help prove liability including police reports, video footage, witness statements, and physical evidence. Collecting law enforcement evidence, such as official police reports and witness statements, is crucial for building a strong legal case. Proving the at-fault driver's negligence is a key element in establishing liability and securing compensation for the victim's family. If the case involves a drunk driver, the lawyer will try to determine where the drunk driver was consuming alcohol and if they were overserved which may potentially establish liability for the bar or tavern.

An experienced lawyer who has handled death cases and cases involving severe injuries will know how to work with experts that may be able to help prove the case such as accident reconstructionist, and experts in downloading and interpreting event data recorders.

All these items are just the beginning. There is a tremendous amount of work that goes into correctly representing the family after a fatal car accident.

Why You Need a Fatal Car Accident Lawyer in Portland.

After any fatal car accident, there will be so many things happening that you will need the guidance and expertise of a lawyer who has been there before. We have specific experience with the unique challenges of Portland car accidents and can provide the legal assistance families need during this difficult time. In a Portland case the major crash team will be investigating. Your family may or may not get updated to your liking. If you have a lawyer who has worked similar cases and dealt with the major crash investigators, they will be able to keep you informed.

The at-fault driver’s insurance company will waste no time getting to work on protecting their driver and their money. They have many tactics they use to minimize their payouts, so having a seasoned personal injury lawyer is crucial to counter these strategies. They are likely retaining experts, gathering evidence and getting prepared already. Why should you wait while they prepare?

Why Families Choose Our Firm

When a fatal crash occurs, families need more than just legal help—they need an advocate. Here’s why people turn to our law firm in these difficult times:

• Proven Trial Lawyer – Chad Stavley is a seasoned trial attorney with a track record of taking cases to court and winning. Insurance companies know we are prepared to fight.
• Focused on Serious Injury & Wrongful Death – Our practice is dedicated to serious cases, including wrongful death and catastrophic injuries.
• Personal Attention – We limit our caseload so each client gets the attention they deserve. Your family won’t be treated like just another file number. You will work directly with Chad and get updates on what we are doing to advance your case.  
• No Fees Unless We Win – We handle wrongful death cases on a contingency fee basis. You pay nothing up front and will never pay a dime until we win.
• Results -  Chad Stavley has recovered tens of millions of dollars on serious injury and death cases.

What to Expect During the Legal Process

The legal process following a fatal car accident involves several key steps:

• First, an experienced Portland car accident attorney will get to work to Determine if a valid case exists. This includes making sure any time limitations are complied with and that liability (fault) can be proven.  
• Next, the law firm must open a probate estate to ensure that the lawsuit can be filed on behalf of the deceased individual.  The lawyer will work with the family so that the appropriate person is established as the personal representative of the estate.
• Then the lawyer will investigate damages and potential avenues for financial recovery.  This means determining the amount of money that could reasonably be recovered and where that money might come from. The skilled lawyer will investigate financial assets and determine all available insurance coverage.  
• Once the lawyer determines there is a valid claim, liability can be proven, the amount of damages and the avenue for collecting those damages, then the lawyer begins building your case so that they can collect every penny you are entitled to.  If the defense wants to negotiate a settlement at this time, the lawyer works with family and the insurance company to negotiate the case.  Most cases are negotiated to a settlement, but you can't bank on that. If the defense doesn't want to do what is right, the personal injury claim will have to be filed in court and become a lawsuit against the at-fault driver.
• If a lawsuit is filed the lawyer will use court procedures to gather additional information and will take depositions (sworn testimony) of defendants and witnesses. The lawyer will also prepare all the evidence and witnesses they need to prove the case to a jury. This is why you want a proven trial lawyer.  If the case has to go to trial, you want to make sure you are in good hands.  

Choosing the Right Fatal Car Accident Lawyer in Portland

Choosing the right Portland car accident attorney for your family after a fatal crash is a big responsibility. Your decision can lead you down two very different paths.

One can be a path where you feel like you have unloaded some of your burden on a professional who is uniquely trained, prepared and willing to do everything necessary to bring justice to your family.  We believe that lawyer should be a trial lawyer who is local and available to you to meet in person, has experience handling cases similar to yours, is respected by their peers and former clients, and shows the compassion necessary to tell your family's story the right way. The other path can lead to more stress during a time when you can least handle it.  Make the right choice for your family:

Trial Lawyer

You must have a trial lawyer and not simply a settlement lawyer.  Many Portland car accident lawyers prepare their cases for settlement and if the settlement never comes, they are unready and unwilling to go to trial. This will put your family in a terrible situation. Make sure your lawyer has trial experience and is building your case for trial. If the case settles, great. But if it doesn't you will be ready.  

Local & Available Portland Car Accident Attorney

We never used to think about this factor.  It was always presumed that the client would get a local lawyer who is available to meet with the client as needed.  But over the last few years we have taken many calls from clients and families wanting to try to change their lawyer late in the litigation process to get a local lawyer. They had mistakenly hired a billboard law firm that is not based in Oregon or only has an associate in an Oregon office but their lawyers are at an out-of-state office and have no intention of ever setting foot in an Oregon courthouse. We typically turn these cases down because by the time the client realizes their mistake, it is too late to fix the damage that has been done. Hiring a lawyer who is either not local or will not meet you in person is one of the biggest mistakes you can make.  Make sure you know who will be the trial lawyer if the case goes to trial and then ask them to meet you in person at their office.  

Experienced

You want someone who has done this enough that they are comfortable. The lawyer should have experience with many different types of car accident injuries and death cases.  

Respected = Results Results Results

You want to chose a lawyer that is respected by the defense, their peers, the court, and the insurance companies. How do you find that out?  It definitely is not by paid for "honor buttons" on webpages.  Lawyers can put a million paid-for buttons on their website about phony Top 100s and Best Lawyer badges. Most of those are nonsense and come at a monthly price with no other requirements. You could ask defense lawyers who represent insurance companies but you probably don't know any of these people.  So you are left looking at results. This is a results business. The results will speak for themselves.  

Compassionate

You are going through one of the hardest times in your life. Of course you want your lawyer to be tough. But your lawyer should also be caring and represent you with compassion. You should be a person and not a paycheck.  We recommend checking out online reviews. Clients may not know all the things the lawyer did to prepare or whether a particular legal strategy was wise or not. But what they know better than anyone, is how the lawyer made them feel. When they write reviews, it is usually about that.  Don't discount that.  

Lessons From Past Cases

Estate of S.B. - In 2021 we represented the family of a woman who was killed in an auto accident on a Northeast Portland roadway where distracted driving was the cause. This case presented a challenge that mostly involved insurance coverage and understanding wrongful death law.  We went to work quickly and were able to prove the other driver was at fault. The at-fault driver had no assets and his insurance company quickly agreed to offer their policy limits. However, the problem arose when the decedent's own auto insurance balked at paying anything.  In Oregon, drivers are generally required to carry underinsured and uninsured motorist coverage ("UM/UIM") which is available after you have maxed out all other available coverage.  The UIM carrier argued that the woman did not have any statutory wrongful death beneficiaries.  She had no surviving spouse, parents, step parents, children or step children.  So their position was that the woman's siblings did not have any claim. We made it clear to the insurance company that while siblings cannot present their loss of companionship and services, there was evidence of pre-death pain and suffering.  Those non-economic losses are losses to the estate and can be sought by the personal representative of the estate. Then once the estate has the funds those funds can be distributed by intestate succession laws which are broader and include siblings. The case resolved for all available insurance policy limits.  

Estate of J.M. -  In 2023 we were retained on another unique motor vehicle accident death case.  We were contacted by another car accident attorney to help with a southern Oregon auto accident.  In this case a husband and his pregnant wife were injured in a high speed crash.  We were quickly able to establish that the cause of the crash was the other driver's negligence. Sadly, the woman was rushed to the hospital and her baby was born prematurely and passed away shortly after. This case required us to prove the baby was alive and passed due to the other driver's negligence. The case was even more tragic and complicated because the at-fault driver also died in the crash.  So we had to make sure the other driver's estate was set up appropriately so that we could then file a lawsuit against that estate. The case resolved for all available insurance policy limits and a large portion of the at-fault driver's estate.  

Estate of J.S.  - In 2023 we we retained by the family of a man who was killed due to someone else's negligence.  In this case the man was on a motorcycle in Beaverton when he was hit head on.  The issue again involved a misunderstanding of Oregon law by the defendant's insurance company.  The man had no surviving spouse, children, step children, or parents.  And unlike the case above, there was no evidence of pre-death pain and suffering.  There was no medical treatment or medical bills and there was no viable claim for other financial losses to the estate. The insurance company took the position that this was an "accidents happen" case where there was nobody who could pursue compensation on behalf of the estate.  However, we learned that the man's step father was alive and living out of state. We pointed out that Oregon law allows step parents to present their loss of companionship and services. We convinced the insurance company and resolved the case for all available insurance policy limits.  

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