Eugene
Wrongful Death Lawyer

We Handle Wrongful Death Claims in Eugene and Anywhere in Oregon

Grief does not follow a schedule, and neither do the bills, phone calls, and insurance forms that arrive after a sudden death. Families in Eugene often tell us they feel pulled in two directions: wanting time to mourn, yet knowing someone should answer for what happened.

At Johnston Law Firm, our wrongful death lawyers help families carry that second burden so they can focus on the first. Although our law firm is in Portland, we serve clients in Eugene, Lane County, and throughout all of Oregon. We travel to meet families where they are, and we handle much of the work by phone and video so distance never slows a case down.

Attorney Marc A. Johnston has handled more than 800 personal injury and wrongful death cases. Before representing families, he defended insurers, which gives him an inside view of how they value (and undervalue) a life. When you are ready to talk, call (503) 546-3167. We answer 24/7, return calls the same day, and your first consultation is free.

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How Our Wrongful Death Attorneys Can Help You and Your Family

From the first conversation, our job is to turn a confusing legal process into a series of clear, manageable steps. We start by listening. Then we get to work:

• Answers about what happened: We collect police and medical examiner reports, track down witnesses, and consult experts in crash reconstruction, medicine, or workplace safety.
• Probate coordination: We help appoint the estate’s personal representative in Lane County Circuit Court, a step Oregon requires before a wrongful death suit can be filed.
• A complete accounting of the loss: We document lost income, benefits, and household contributions, along with the emotional loss your family has suffered.
• A buffer from insurers: Adjusters deal with us, not you, and every offer is weighed against the true value of your claim.
• Trial preparation from day one: We build each case as if a jury will hear it, because that is what earns fair settlements.

Our fee is contingent on success. If we do not recover compensation, your family owes us nothing.

How Oregon Law Defines Wrongful Death

Oregon’s wrongful death statute, ORS 30.020, applies when a person dies because of another’s “wrongful act or omission.” In practical terms, the question is simple: if your loved one had survived, could they have sued for their injuries? If the answer is yes, the estate can usually bring a wrongful death claim instead.

That definition covers a wide range of situations. In Eugene, we frequently see fatal crashes on I-5, the Beltline Highway, and I-105, pedestrian and bicycle deaths along busy corridors like West 11th Avenue and Franklin Boulevard, logging and construction accidents in the surrounding county, and deaths linked to medical errors.

Timing matters too. Families generally have three years from when the fatal injury was discovered (or should have been) to file, but never more than three years after the death itself. If a public body is involved, such as a city vehicle or a poorly maintained county road, the Oregon Tort Claims Act (ORS 30.275) usually requires written notice within one year.

Who Can File for Wrongful Death in Eugene?

Only one person can formally file the lawsuit: the personal representative of the estate. This is often the executor named in a will, or a relative the probate court appoints when there is no will. The personal representative is not suing for personal gain, though. They act as a trustee for the family members Oregon law protects, who include:

• A surviving spouse: Married partners of the deceased.
• Children and stepchildren: Whether minors or adults.
• Parents and stepparents: Including parents who have lost a child.
• Other heirs: Relatives who would inherit under Oregon’s intestacy rules if no closer family survives.

This structure keeps all claims in a single case rather than forcing each relative to sue separately. It also means families need to communicate, which is not always easy during grief. We keep everyone informed and make sure each beneficiary’s interests are represented.

When a Family Loses a Child: Seeking Justice for Your Son or Daughter

There is no loss quite like the death of a child. Parents in this situation sometimes hesitate to pursue a claim because it feels wrong to attach money to their son or daughter. We understand that feeling completely. A claim is not a price tag; it is a way to force accountability and, often, to prevent the same tragedy from happening to another family.

Child deaths we handle often stem from traffic crashes near schools and parks, distracted drivers in residential neighborhoods, unsafe daycare or pool supervision, defective products, and medical mistakes during birth or pediatric care.

Because children rarely have earnings, insurers may argue the financial loss is small. Oregon law disagrees. Parents can recover for the loss of their child’s society and companionship, which is frequently the largest part of these claims, along with medical and funeral costs.

Common Causes of Fatal Accidents in Eugene, Oregon

As home to the University of Oregon and a major transportation hub in Lane County, Eugene sees a mix of commuter traffic, commercial vehicles, cyclists, and pedestrians sharing its roads. Unfortunately, negligence on the road, at work, or in other settings can have devastating consequences for local families. Some of the circumstances that may lead to wrongful death claims include:

• Car accidents: Collisions along Interstate 5, Beltline Highway, and Franklin Boulevard can result in fatal injuries, particularly when speeding, distracted driving, or impaired motorists are involved.
• Commercial truck collisions: Heavy trucks traveling along I-5 and Highway 99 can cause deadly crashes due to driver fatigue, improperly secured cargo, inadequate maintenance, or other safety violations.
• Pedestrian and bicycle accidents: Busy streets such as West 11th Avenue, Coburg Road, and areas surrounding the University of Oregon present risks when drivers fail to yield or pay attention to vulnerable road users.
• Fatal workplace accidents: Falls from heights, defective machinery, and construction site incidents may give rise to wrongful death claims when negligent contractors, equipment manufacturers, or other third parties are responsible.
• Medical malpractice: Fatal outcomes resulting from delayed diagnoses, surgical mistakes, anesthesia errors, or improper treatment may warrant legal action against negligent healthcare providers.

Some victims survive the initial accident but later succumb to complications from their injuries, despite receiving emergency treatment at facilities such as PeaceHealth Sacred Heart Medical Center at RiverBend in Springfield. A wrongful death claim may still be possible when someone passes away days, weeks, or even months after the negligent incident. Depending on the circumstances, surviving family members may also be able to pursue compensation for medical expenses and the pain and suffering their loved one experienced before death.

Financial Recovery We May Be Able to Secure for You and Your Family

ORS 30.020 allows recovery for both the measurable costs of a death and the deeply personal losses that follow it. A claim may include:

• Medical and end-of-life costs: Emergency transport, treatment at facilities like PeaceHealth Sacred Heart Medical Center at RiverBend, and funeral and burial expenses.
• The decedent’s own losses: Pain, suffering, and lost wages between the injury and death.
• Lost financial support: The earnings and benefits your loved one would have contributed to the household.
• Loss of companionship: The love, guidance, and services of a spouse, parent, or child.
• Punitive damages: In rare cases involving malice or reckless indifference to safety.

How Much Can You Receive for the Death of a Loved One in Eugene?

There is no standard figure, and any lawyer who quotes one early is guessing. Value depends on the decedent’s age and earning history, the strength of the evidence, the available insurance, and the relationships left behind. Oregon law may also limit non-economic damages in some cases, and claims against public bodies face separate caps under ORS 30.272. A young parent with dependent children and clear liability will usually have a much larger claim than a case with disputed fault and limited coverage. We give families an honest estimate only once we understand these factors.

Frequently Asked Questions