Compassionate Legal Representation
Oregon Wrongful Death Attorney
Todd Huegli, an Oregon wrongful death attorney with 17+ years of trial experience, holds negligent parties accountable when families suffer the unthinkable loss of a loved one.
Last reviewed: May 2026
Why Choose Huegli Law
Losing a loved one due to someone else's negligence is devastating. At Huegli Law, we are committed to pursuing justice on behalf of grieving families throughout Oregon.
Compassionate Representation
We understand the emotional toll of losing a loved one and provide sensitive, caring support throughout the legal process.
Experienced Advocacy
Decades of trial experience handling complex wrongful death and catastrophic injury cases across Oregon.
Personalized Attention
Every case receives individualized strategy and direct communication with your attorney at every stage.
Proven Results
A strong track record of successful wrongful death verdicts and settlements for Oregon families.
Common Causes of Wrongful Death
Under ORS 30.020, wrongful death claims arise when a person dies due to the negligence or intentional act of another party. The statute of limitations is generally three years from the date of death. Common causes include:
- Motor Vehicle Accidents
- Medical Malpractice
- Workplace Accidents
- Defective Products
- Nursing Home Neglect
Oregon Wrongful Death Law, Explained
The Oregon statutes and appellate decisions that shape every wrongful-death claim in this state.
Three-Year Statute of Limitations
Oregon's wrongful-death statute, ORS 30.020, creates the cause of action and sets a three-year limitations period under ORS 30.020(1). The clock runs from the date of death — not from the date of the underlying negligent act. That distinction matters in delayed-discovery cases: when the negligent act injures the decedent first and death follows months or years later, the wrongful-death period restarts at death.
Public-Hospital Notice Under the OTCA
When the responsible party is OHSU, a county hospital, or another Oregon public entity, the Oregon Tort Claims Act applies. ORS 30.275(2)(a) gives a wrongful-death claimant one year from the date of death to give written notice — longer than the 180-day notice that applies to personal-injury claims under the same statute. The trap: families who hear that wrongful-death claims carry a longer statute of limitations sometimes assume that means more time across the board. It does not. A public-entity wrongful-death claim still requires written notice within the OTCA window, and missing that deadline forfeits the claim against the public defendant even with two years left on the underlying three-year limitations period.
Full OTCA explainer — notice, public bodies, FTCAComparative Negligence
Oregon's modified comparative-fault rule under ORS 31.600 applies in wrongful-death cases. Damages are reduced by the decedent's percentage of fault, but recovery is barred only if the decedent's fault exceeded that of the defendant (i.e., 50% or less). Comparative-fault arguments in wrongful-death cases often involve seat-belt use, intoxication, or alleged failure to seek follow-up care. These are jury questions, and they rarely defeat recovery outright.
How comparative fault affects your claimDamages Framework — Wrongful Death vs. Survival
Oregon recognizes two parallel claims when negligence kills. Wrongful-death damages compensate surviving beneficiaries for their losses — loss of the decedent's society, companionship, services, and financial contributions — and are distributed under ORS 30.020. Survival damages compensate the estate for losses the decedent suffered before death, including conscious pain and suffering, pre-death medical expenses, and lost wages between injury and death. Both claims can run in a single action; they are not duplicative because they compensate different losses. Economic damages are uncapped. Punitive damages are available under ORS 31.730 on the same malice/reckless indifference standard that applies to other Oregon tort claims.
Non-economic damages occupy unsettled ground. Oregon's statutory cap, ORS 31.710, was held unconstitutional as applied to personal-injury claims in Busch v. McInnis Waste Systems (2020), continuing a line of Oregon Supreme Court decisions that reaches back to Lakin v. Senco Products (1999). The legislature responded in 2021 with amendments to the cap framework, and its precise application in wrongful-death cases continues to be litigated. A careful damages analysis at the start of the case identifies whether and how the cap may affect non-economic recovery for the family.
Public-Corporation Defendants — OHSU and Federal Health Centers
When a wrongful-death claim involves a state-affiliated provider, the identity of the defendant changes the procedure. Oregon Health & Science University is a public corporation under ORS 353.020 — not a private hospital and not a state agency. The OTCA applies in full: the same one-year wrongful-death notice under ORS 30.275(2)(a), the OTCA damages caps under ORS 30.272, and the statutory employee immunity that channels liability to OHSU itself rather than the individual clinician.
Federally Qualified Health Centers present a different problem. When the U.S. Department of Health and Human Services has deemed an FQHC and its providers federal employees under the Federally Supported Health Centers Assistance Act, a claim against that clinic is no longer an Oregon tort claim. It is a Federal Tort Claims Act claim against the United States — file an SF-95 administrative claim within two years of death, wait for the agency's denial, and only then sue in federal court. Cases filed against an FQHC-deemed clinic in Oregon state court are routinely removed or dismissed, and the cure is not free: the FTCA window can close while the procedural error is being corrected.
Identifying the right defendant — public corporation, state agency, county hospital, or FQHC — is part of the first-week investigation in any Oregon wrongful-death matter involving a hospital or clinic. Get it wrong and the limitations window can run before the mistake is found.
Oregon deadlines vary by claim type. The table below summarizes the controlling statutes.
| Claim type | Discovery deadline | Statute of repose | Public-hospital notice | Federal FTCA |
|---|---|---|---|---|
| Medical malpractice | 2 yrs (ORS 12.110) | 5 yrs (ORS 12.110(4)) | 180 days (ORS 30.275) | 2 yrs + SF-95 |
| Wrongful death | 3 yrs (ORS 30.020) | — | 1 yr (ORS 30.275(2)(a)) | 2 yrs + SF-95 |
| Personal injury / auto | 2 yrs (ORS 12.110) | — | 180 days (ORS 30.275) | 2 yrs + SF-95 |
Types of Compensation
Economic Damages
Medical bills, lost income, funeral costs
Non-Economic Damages
Pain and suffering, loss of companionship, emotional distress
Punitive Damages
Available under ORS 31.730 when the defendant acted with malice or reckless and outrageous indifference to the rights of others
How We Help
From the initial consultation to the resolution of your case, we guide you through every step of the legal process.
Related Oregon wrongful death law
Three statute-level explainers that recur in Oregon wrongful death cases — public-body notice deadlines, how the recovery is distributed, and the auto coverage that pays after a fatal crash.
Frequently Asked Questions
Related Results
$2,000,000
Wrongful Death
Negligent driving caused death
$1,500,000
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Negligence caused young man's death
*Past results do not guarantee future outcomes
Related Practice Areas
Medical Malpractice
When medical negligence leads to death, our experience in malpractice litigation strengthens wrongful death claims.
Personal Injury
Comprehensive representation for all types of personal injury cases across Oregon.
Trucking Accidents
Catastrophic trucking collisions frequently result in wrongful death. We hold negligent carriers accountable.
Oregon Tort Claims Act
When the wrongful-death defendant is OHSU, a county hospital, or another public body — the one-year notice and ORS 30.272 caps explained.
Lost a Loved One? Get a Free Consultation.
Call Todd Huegli today. No fees unless we win your case.
971-317-6436