Bill Berkshire PC
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Website designed and maintained by Panacea Productions
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Concentrating in personal injury and wrongful
death cases
Wrongful Death ClaimQ: My father was seriously injured when another driver ran a stop sign. After a week in the hospital, my father died due to complications from the injury. The Personal Injury Protection (PIP) provision of my father's auto insurance covered only part of the medical expenses and none of his wage loss. After his death, the insurance adjuster told us the claim "died with him". Is that right? A: No, the advice given to you by the adjuster is not correct. Your father's estate can pursue a wrongful death claim against the driver who ran the stop sign. If that driver had no insurance, the estate can pursue an Uninsured Motorist (UM) claim through your father's automobile insurance policy. If the injury and death occurred in Oregon, Oregon law usually allows the estate to pursue a claim up to three years from the date of death. If no estate has been opened, your attorney will need to open an estate to pursue the wrongful death claim.
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