The Oregon Senate recently passed an increase on the cap on tort claims involving the state in wrongful death cases for accidents and death related cases. For far too long $200,000 for the state tort cap was on the books and if the measure passes the tort cap for Oregon wrongful death accident claims will go to 1.5 million dollars with annual increases of $100,000 a year until 2015; however, the per event cap under the senate bill will start at 3 million and will increase annually by $200,000 until year 2015.

Tort claims are tricky and I have handled many and the tort claim notice requirement will still need to be followed. In my 18 years of handling Oregon wrongful death litigation and settlement getting the right experts lined up it crucial to get a recovery for these cases to the maximum amount allowed by law.

In Oregon, whether the car accident crash occurred in Bend or Salem, a wrongful death lawyer will get a personal representative appointed for the deceased client.

It may also be necessary to get one appointed for the tortfeaser driver if they died in the crash as well since a lawsuit cannot be filed until the at fault deceased driver has an open estate and a duly appointed personal representative.

On any wrongful death case timing and proper investigation is critical especially with an economic analysis which must be undertaken by a trained economist in light of the Oregon wrongful death case recovery cap of $500,000.