Spouse or Domestic Partner
Entitled to economic damages and loss of companionship.
Oregon Wrongful Death Attorney
When Someone You Love Doesn't Come Home, You Deserve Answers — and Accountability.
David Wallace has recovered millions for Oregon families who lost loved ones to negligence, reckless drivers, and preventable accidents. He handles everything — so your family can focus on healing.
Free consultation. No fee unless we win. David responds personally within one business day.
(503) 208-2950Or use the form — David replies in minutes.
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No obligation. No upfront cost.
$10M+
Recovered for Oregon Clients
Millions
Recovered in Wrongful Death Cases
4.8★
Google Rating (71 Reviews)
1 Bus. Day
Personal Response Time
OR Supreme Court
Appellate Experience
Oregon Law
What Is Wrongful Death Under Oregon Law?
A wrongful death occurs when a person dies as a direct result of another party's negligence, recklessness, or intentional act. In Oregon, wrongful death claims are governed by ORS 30.020, which gives the personal representative of the deceased's estate the right to bring a civil lawsuit against the responsible party.
These cases are separate from any criminal proceedings. Even if no one is criminally charged — or if a criminal case is dismissed — the family of the deceased still has the right to pursue civil compensation. The civil standard of proof (preponderance of evidence) is lower than the criminal standard, meaning cases that couldn't succeed in criminal court can still result in substantial civil verdicts.
Oregon's statute of limitations for wrongful death claims is three yearsfrom the date of death. However, evidence degrades quickly, witnesses' memories fade, and insurance companies begin building their defense immediately. The earlier David gets involved, the stronger your case.
Who Qualifies
Who Has the Right to File a Wrongful Death Claim in Oregon?
Under Oregon law, a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate — typically a family member named in a will, or someone appointed by the court. The damages recovered are distributed to the surviving family members, which may include:
Children
Including adult children — entitled to loss of parental guidance and support.
Parents
If the deceased was a minor or had no surviving spouse or children.
Dependents
Anyone who was financially dependent on the deceased at the time of death.
If you're unsure whether you qualify to file — or who should serve as the personal representative — David will walk you through it in your free consultation. These procedural questions shouldn't stand between your family and justice.
Cases We Handle
Common Causes of Wrongful Death Cases We Handle
Car & Truck Accidents
Motor vehicle crashes are the leading cause of wrongful death in Oregon. David handles cases involving drunk drivers, distracted drivers, commercial truckers, and multi-vehicle accidents.
Learn moreMotorcycle & Bicycle Accidents
Motorcyclists and cyclists face catastrophic or fatal outcomes in collisions that car occupants might survive. When a driver's negligence takes a life, we hold them accountable.
Pedestrian Accidents
Pedestrians struck by negligent drivers face the worst odds. Whether at a crosswalk, a parking lot, or on a sidewalk, these deaths are preventable — and someone is responsible.
Medical Malpractice
When a healthcare provider's error — misdiagnosis, surgical mistake, medication error — results in death, that's a wrongful death case. David has litigated against medical systems and insurance carriers on behalf of Oregon families.
Premises Liability
Slip and falls, structural failures, negligent security: property owners who fail to maintain safe conditions can be held liable when those conditions cause a fatal injury.
Learn moreWorkplace Accidents
Certain workplace fatalities — particularly those involving third-party negligence (not just employer liability) — can support wrongful death claims in addition to workers' comp.
What You Can Recover
What Damages Can Oregon Families Recover?
Wrongful death settlements and verdicts in Oregon can include two categories of damages: economic (financial losses) and non-economic (loss of relationship, grief, and pain). David fights for the full value of both.
The first number an insurance company offers is almost never the right one. You don't have to accept it — and you shouldn't.
Economic Damages
- Medical bills incurred before death
- Funeral and burial expenses
- Lost wages and future income the deceased would have earned
- Loss of financial support and benefits (retirement, health insurance, etc.)
- Value of household services the deceased provided
Non-Economic Damages
- Loss of companionship, society, and guidance
- Mental anguish and grief of surviving family members
- Loss of parental guidance for surviving children
- Loss of marital relationship for a surviving spouse
What about punitive damages?
In rare cases — particularly those involving intentional harm, drunk driving, or egregious recklessness — Oregon courts may also award punitive damages. These are designed to punish the at-fault party, not just compensate the family. David will assess whether punitive damages apply in your case.
How It Works
How David Wallace Handles Wrongful Death Cases
From your first call to final resolution, we manage every aspect of your case so your family can focus on what matters.
01
You Call. David Answers.
David personally responds to every inquiry within one business day. In your first conversation, he'll listen, explain your rights under Oregon law, and tell you honestly what your case is worth. No intake forms. No paralegals. David.
02
We Build the Case
David investigates the accident, secures evidence before it disappears, retains expert witnesses (including accident reconstructionists and medical experts as needed), and documents every element of your loss — economic and non-economic.
03
We Negotiate — Aggressively
Insurance companies know David's track record. That alone often drives higher settlement offers. David counters every lowball offer, armed with evidence of your family's full losses, and does not settle for less than full value.
04
We Go to Trial If Necessary
Most attorneys avoid trial at any cost. David fronts expert fees — sometimes $40,000+ — and takes cases to verdict when that's what it takes to win. He has argued before the Oregon Supreme Court. He is not afraid of the courtroom.
Why David
Why Oregon Families Choose David Wallace
He Fights for Full Value — Not a Quick Close
Insurance companies want to settle wrongful death cases fast and cheap — before the family fully understands what they've lost. David refuses to rush. He builds cases that reflect the true value of a life, not the figure an adjuster plugged into a formula.
You Talk to David — Always
You will never be shuffled to a paralegal or case manager. David personally handles communication, strategy, and court appearances. When you're going through the worst experience of your life, you deserve to talk to the person who's actually fighting for you.
Oregon Supreme Court Experience
David has argued before the Oregon Supreme Court and reversed 50 years of legal precedent. He is not a settlement machine. He is a trial lawyer who happens to settle cases — not the other way around.
About David Wallace
David grew up understanding what it means to be on the wrong side of power. That experience is why he takes wrongful death cases personally — because behind every case is a family that deserves someone fighting as hard for them as any corporate defense team fights against them. He's recovered over $10 millionfor injured and bereaved Oregonians. In wrongful death cases, he's gone to trial, gone to appeal, and won. When you hire David, you're not getting a firm — you're getting him.
Real Clients. Real Results.
What Oregon Clients Say
4.8 stars across 71 Google reviews
Frequently Asked
Frequently Asked Questions — Wrongful Death in Oregon
Oregon's statute of limitations for wrongful death claims is three years from the date of death (ORS 30.020). However, waiting is not in your interest. Evidence degrades, witnesses forget, and insurance companies start building their defense immediately. The earlier David gets involved, the stronger your case. If you're within that window — even close to the deadline — call now.
Under Oregon law, the lawsuit must be filed by the personal representative of the deceased's estate — usually a surviving spouse, adult child, or someone named in the will. If no personal representative has been appointed, the court can appoint one. The damages recovered are distributed to qualifying family members. David will explain exactly how this works for your specific family structure in your first call.
Oregon follows modified comparative fault rules. As long as the deceased was not more than 50% at fault for the incident, you can still recover damages — though the amount may be reduced proportionally. Insurance companies routinely exaggerate the deceased's fault to reduce payouts. David knows this tactic and counters it.
Yes. Civil wrongful death cases are completely independent of criminal proceedings. The civil standard of proof ("preponderance of evidence" — more likely than not) is much lower than the criminal standard ("beyond a reasonable doubt"). Many families have won substantial civil verdicts even when criminal cases didn't result in conviction.
Oregon law specifies how wrongful death proceeds are distributed. Typically: the estate is reimbursed for medical and funeral expenses first, then remaining damages are distributed to surviving family members (spouse, children, parents) based on the nature and extent of their losses. David will walk you through exactly how this works in your situation during your consultation.
Nothing upfront — ever. David works on contingency, meaning his fee comes from your settlement or verdict. If he doesn't win, you don't pay. He also fronts expert witness costs, which in wrongful death cases can run $40,000 or more. He takes on all the financial risk because he only accepts cases he believes in.
Your Family Deserves More Than a Settlement Formula.
Insurance companies work fast after a death. So does David. Get a free, confidential case review and find out what your family is actually owed.
No fee unless we win. David personally responds within one business day.
Call directly: (503) 208-2950
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