The catastrophic injury or death of a loved one is devastating on the surviving victim and the family. Grievous injuries and wrongful death are not necessarily caused by an intentional act, but often the result of negligence or recklessness by a person or entity. Wrongful death cases differ form a “standard” personal injury matter, because they are subject to the rules and limitations of the wrongful death statute. Cases involving a catastrophic injury in which the victim is incapacitated or a wrongful death also include elements of probate law.
- The executor named in the will, if any
- The surviving spouse of the decedent or the nominee of the surviving spouse
- The nearest kin of the decedent or the nominee of the nearest kind
- The Director of Human Services or the Director of the Oregon Health Authority if the decedent received public assistance
- The Department of Veterans’ Affairs in some instances or any other person the court chooses
- An incompetent;
- A minor;
- Suspended for misconduct or disbarred from practicing law during the time of suspension or disbarment;
- Resigned from the Oregon State Bar when professional misconduct charges are under investigation or disciplinary proceedings are pending against the person until that person is reinstated;
- A judge of the circuit court, Oregon Tax Court, Oregon Court of Appeals or Oregon Supreme Court; or
A licensed funeral service practitioner, unless the decedent is:
- A deceased relative of the licensed funeral service practitioner; or
- A deceased licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative.