Who can bring a wrongful death case in Oregon? 4 Answers as of May 26, 2011

In Oregon the PR is the only one who can bring a wrongful death case or negligent case. What happens if the nominated PR supported the wrong doers and would be part of the civil case?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
You can try and have the PR removed if there is some reason that the PR cannot adequately represent the interests of the Estate. It sounds like that may be the case here.
Answer Applies to: Oregon
Replied: 5/26/2011
Kline Law Offices P.C.
Kline Law Offices P.C. | Robert C. Kline Jr.
I cannot answer your question with the limited information provided. The PR has certain statutorily defined fiduciary duties. If the PR is unable or unwilling to faithfully perform those duties, the court can appoint another person to serve as the PR. As a tactical matter, it may be better to have another person serve as the PR. If there is a disagreement among family members, the situation becomes more complicated. Feel free to contact me for additional information.
Answer Applies to: Oregon
Replied: 5/25/2011
Rose, Senders & Bovarnick, LLC
Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
In Oregon, only a personal representative can bring a wrongful death action. However, a personal representative can be removed by the court. A ground for removal could be a conflict of interest such as you describe.
Answer Applies to: Oregon
Replied: 5/25/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Wrongful death actions are governed by ORS 30.020(1) and related provision. In your case if the PR is a person liable for the wrongful death, the proper tactic would be to petition the court to replace the PR for failure to pursue the wrongful death action because of their obvious conflict of interest in such a suit. Once another person is appointed, they could pursue the action. I hope this sheds some light on your case.
Answer Applies to: Oregon
Replied: 5/24/2011
Click to View More Answers: