A death claim after a Portland crash is not filed by every grieving relative in their own name. Oregon gives that action to the personal representative of the decedent, for the benefit of the people the statute names. Section 30.020 is the starting point. The time limits are not the same as the two-year period that usually applies to a live injury claim, and a public-body death claim adds a one-year notice duty under section 30.275.
If a family in the Nob Hill area is suddenly dealing with a fatal wreck, the first legal question is often who has authority to act, not which insurer called first. A personal representative is appointed through the probate process. Until that appointment exists, important notices can be missed. Get advice from a lawyer who holds a current Oregon license before deadlines start to feel close.
The time limits in 30.020
The action shall be commenced within three years after the injury causing the death 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, if that person is not the wrongdoer. That is a discovery rule, but it is not an open-ended one. In no case may the action be commenced later than the earliest of three years after the death, or the longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission, including the repose provisions in 12.110(4), 12.115, 12.135, 12.137 and 30.905.
For a typical motor-vehicle wreck, families should not treat the three-year discovery language as extra comfort. The outer limits can close the claim earlier. Section 12.115 is a 10-year repose for negligent injury, and it does not lengthen a shorter period. If a public body may have a role, the one-year notice in 30.275 is much shorter than either of those figures. Our notice guide explains how that writing has to look and where it has to go.
Who the action is for
The personal representative maintains the action for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals who, under the law of intestate succession of the state of the decedent’s domicile, would be entitled to inherit the personal property of the decedent. The action is also for the benefit of any stepchild or stepparent, whether or not that stepchild or stepparent would be entitled to inherit. The action may be maintained against the wrongdoer if the decedent might have maintained an action, had the decedent lived, for an injury done by the same act or omission.
Section 30.020(3) defines the stepchild-stepparent relationship for this purpose. It is enough, in most family situations, to know that step-relationships can be included, that the relationship can continue after the child reaches adulthood, and that a divorce between the biological parent and the stepparent ends it. A lawyer should apply those definitions to the actual family tree rather than leaving a person out, or adding a person in, by guesswork.
What damages the statute allows
Damages in an action under 30.020 may be awarded in amounts that include reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent. They may also include amounts that would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between the injury and the death. They may compensate for pecuniary loss to the decedent’s estate. They may compensate the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent. Punitive damages, if any, that the decedent would have been entitled to recover if the decedent had lived, are to be separately stated.
Those categories are a list, not a promise that every category will be awarded in every case. Comparative fault under section 31.600 can reduce the recovery, or cut it off, and several-only liability under section 31.610 can affect how a judgment is entered against more than one defendant. A public-body claim is also subject to the caps in sections 30.271 and 30.272, which are adjusted annually. Ask the court or a lawyer for the current adjusted figures.
Insurance and the first practical steps
PIP can still pay funeral expenses, up to $5,000, and medical expenses incurred before death, under section 742.524. Uninsured or underinsured coverage under section 742.502 may also apply if the driver who caused the wreck had no coverage, or not enough coverage. A Portland crash report should still be requested, and a regular wreck still cannot be filed through the City’s ordinary online tool. Our report guide and our PIP guide cover those steps.
A larger Multnomah case is usually filed at the Central Courthouse, 1200 SW 1st Ave. Filing and service still have to satisfy section 12.020. Families should not wait for every medical bill to arrive before they talk with counsel about the personal representative, the notice and the clocks. Before you retain anyone, look up whether that lawyer’s Oregon license is still active, and get the fee terms down in a writing you both sign.
If more than one household policy might apply, ask each carrier about PIP and about uninsured or underinsured coverage, and keep the claim numbers in one folder with the death certificate and any police incident number. Those papers will also help the personal representative prepare a public-body notice, if one is needed, without scrambling for basic facts later.