A Death Somebody Caused
ORS 30.020 — the personal representative sues, within three years
When a death is caused by the wrongful act or omission of another, the personal representative of the person who died may sue the wrongdoer, if the person could have sued for the injury had the person lived. The action is brought for the surviving spouse, children, parents, others entitled to inherit, and stepchildren and stepparents.
Three years. The action is commenced within three years after the injury causing death is discovered, or reasonably should have been, and never later than three years after the death or the end of any statute of ultimate repose that applies, whichever is earliest.
- Reasonable charges for medical, hospital, nursing, burial and memorial services.
- What would have compensated the person for disability, pain, suffering and lost income between the injury and death.
- Pecuniary loss to the estate.
- Pecuniary loss, and loss of society, companionship and services, to the spouse, children, stepchildren, stepparents and parents.
- Punitive damages the person could have recovered, stated separately.
Caps on damages, claims against public bodies and the separate rules for product liability are in other sections not on this page. Whether a particular death gives rise to a claim is a question for a licensed Oregon attorney.
Sources for this section (1)
- ORS 30.020 — Action for wrongful death
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.