Wrongful Death

A death claim after a Portland crash goes through the personal representative of the decedent, for the benefit of the people section 30.020 names, including a spouse, children, parents, certain other heirs, and qualifying stepchildren or stepparents. The timing is not the usual two-year injury period. The action has a discovery rule and an outer limit of three years after death, or an applicable repose, whichever is earlier.

If a public body may be involved, a written notice is generally due in one year under section 30.275. PIP can still pay certain funeral and medical expenses, and uninsured coverage may also apply. Our wrongful-death guide and our notice guide explain who can act and what the writing has to contain.