Oregon Personal Injury and Wrongful Death Claims for Canadians
Our firm represents Canadians seriously injured or killed anywhere in Oregon. Based in British Columbia, we handle U.S. personal injury and wrongful-death claims for Canadians, regardless of where they live in Canada.
Greg Lauer spent nearly 20 years running a U.S. civil litigation firm handling serious personal injury and wrongful-death cases, recovering millions of dollars for clients. His experience includes more than 90 jury trials and extensive litigation in U.S. federal courts.
Canadian clients can work with an experienced U.S. trial lawyer based in Canada without having to independently hire an American law firm.
Where the Case Is Filed
Many serious personal injury and wrongful-death claims involving Canadian plaintiffs and Oregon defendants can be brought in the United States District Court for the District of Oregon through diversity jurisdiction.
Our firm handles U.S. federal-court litigation. Whether federal jurisdiction is available depends on the parties and circumstances of the particular case.
Which Law Applies?
When a Canadian is seriously injured or killed in Oregon, Oregon law will generally govern the personal injury or wrongful-death claim, even if the case is filed in U.S. federal court.
Oregon law determines important issues such as liability, comparative fault, available damages, and filing deadlines.
Federal courts follow federal procedural rules but apply state substantive law.
What Damages Are Available in Oregon?
Oregon law allows injured people to recover compensation for economic and non-economic losses caused by another party’s negligence.
Depending on the circumstances, damages may include:
- Past and future medical expenses
- Rehabilitation and long-term care
- Lost income and diminished future earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
In serious injury cases, compensation for pain and suffering and other non-economic losses can represent a substantial portion of the recovery.
Oregon Wrongful Death Claims
Oregon’s wrongful-death law permits surviving family members to pursue compensation when a death results from another party’s negligence or wrongful conduct.
The claim is brought by the deceased person’s personal representative for the benefit of eligible survivors.
These may include a surviving spouse, children, parents, stepchildren, stepparents, and certain other qualifying heirs.
Oregon allows recovery for financial losses as well as the loss of society, companionship, and services suffered by qualifying family members.
The wrongful-death claim may also include compensation for the deceased person’s pain, suffering, disability, and lost income between the injury and death.
Oregon law contains a $500,000 statutory limitation on non-economic damages in wrongful-death cases. However, Oregon courts have found that applying this limitation in certain circumstances may violate the state constitution. Whether the limitation applies must therefore be evaluated in light of the particular case and current law.
Punitive damages may also be available in limited circumstances involving particularly wrongful conduct.
Learn more about our U.S. wrongful-death representation for Canadians.
How Comparative Fault Works in Oregon
Oregon follows a modified comparative-negligence system.
An injured person can generally recover compensation if their share of fault does not exceed 50%. Their recovery is reduced by their percentage of responsibility.
For example, if a claimant suffers $1 million in damages but is found 30% responsible for the accident, the potential recovery would generally be reduced to $700,000.
If the claimant is more than 50% responsible, recovery is generally barred.
The allocation of fault can be especially important when multiple parties contributed to an accident.
Oregon Statute of Limitations
Oregon generally has a two-year statute of limitations for personal injury claims.
Wrongful-death claims generally have a three-year limitation period measured from when the injury causing death was discovered or reasonably should have been discovered, subject to additional statutory limits.
Different deadlines and notice requirements may apply depending on the circumstances, including claims involving government entities.
Missing an applicable deadline can permanently prevent recovery, so these issues should be evaluated promptly.
Experienced U.S. Injury and Wrongful Death Representation
Greg Lauer has more than 20 years of U.S. litigation experience, including more than 90 jury trials and millions of dollars recovered in personal injury and wrongful-death cases.
Our firm investigates liability, identifies available insurance coverage, evaluates damages, negotiates settlements, and litigates serious claims in U.S. federal court.
Our firm understands how Canadian provincial automobile insurance, provincial health coverage, and private travel insurance interact with U.S. personal injury and wrongful-death claims. We address questions about who pays American medical bills, which insurer is responsible, and whether an insurer has a right to reimbursement from a U.S. settlement. These issues can have a substantial impact on how much compensation an injured Canadian or surviving family ultimately retains.
Our U.S. Medical Bills Guide for Canadians illustrates these issues through an actual case involving more than US$400,000 in medical bills and a US$1 million settlement.
Free, Confidential Consultation
If you or a family member was seriously injured or killed in Oregon, contact Greg Lauer directly at 604-318-6725 to discuss your case.
Your initial consultation is free and confidential. Our firm handles cases on a contingency-fee basis. Learn more about how our fees work.