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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100034
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I pursue a wrongful death suit of the death of my sister

Customer Question

Can I pursue a wrongful death suit of the death of my sister who hit a horse on a highway in Woodburn, Oregon and died we hope almost instantly.
Submitted: 23 days ago.
Category: Legal
Expert:  Ely replied 23 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about your family's loss. The answer is yes.

Under Oregon's § 30.020:

When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedents surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedents domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer. In no case may an action be commenced later than the earliest of:

(a)Three years after the death of the decedent; or

(b)The longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission causing the injury, including but not limited to the statutes of ultimate repose...

See HERE for the full statute.

As such, the family may pursue a wrongful death claim provided that there is sufficient evidence to argue that the death was caused by "wrongful act or omission of another."

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 22 days ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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