Oregon Local Accident Resources

No, an Oregon wrongful death judgment generally cannot be discharged in bankruptcy. Under U.S. bankruptcy law, certain types of debts are considered non-dischargeable, meaning they cannot be eliminated through bankruptcy. This typically includes debts resulting from willful and malicious injury caused by the debtor, which can apply to wrongful death judgments depending on the circumstances.

If the wrongful death was caused by intentional misconduct or gross negligence, the court may determine that the judgment falls under the category of non-dischargeable debts. As a result, the person responsible for the wrongful death would still be required to pay the judgment, even if they file for bankruptcy.

However, if the wrongful death judgment arises from ordinary negligence and the debtor files for Chapter 7 bankruptcy, there’s a possibility that they could seek to discharge the debt. Each case is unique, and the specifics of the wrongful death claim, as well as the type of bankruptcy filed, will influence whether the judgment can be discharged. Ultimately, the bankruptcy court has the final say in determining whether a wrongful death judgment is dischargeable.

Oregon Statute of Limitations

In Oregon, the statute of limitations sets a legal time limit within which you must file a personal injury or wrongful death lawsuit. For most personal injury cases, including those arising from car accidents, slip and falls, or medical malpractice, the statute of limitations is generally two years from the date of the injury. For wrongful death cases, the statute of limitations is typically three years from the date of the deceased person’s death. These time limits are critical because if you fail to file your lawsuit within the specified period, you could lose your right to seek compensation altogether.

The statute of limitations can significantly impact your case, as evidence tends to become less reliable over time. Witnesses may forget important details, physical evidence can degrade or be lost, and the clarity of events may fade, making it more challenging to build a strong case. 

Additionally, the opposing party may argue that your claim is invalid simply because it was filed after the deadline, leading to a dismissal of your case regardless of its merits. Therefore, understanding and adhering to the statute of limitations is crucial for preserving your legal rights and securing the compensation you deserve.

There are, however, certain exceptions to the statute of limitations in Oregon that can extend or toll the deadline. One common exception is the “discovery rule,” which applies when the injury or its cause is not immediately apparent. In such cases, the statute of limitations may begin to run from the date you discovered or should have reasonably discovered the injury and its connection to the defendant’s actions. This is particularly relevant in cases of medical malpractice, where the harm may not be immediately evident.

Another exception applies if the injured party is a minor or legally incapacitated at the time of the injury. In these situations, the statute of limitations may be tolled until the minor reaches the age of 18 or the incapacitated person regains capacity. Additionally, if the defendant leaves the state of Oregon after causing the injury, the statute of limitations may be paused until the defendant returns to the state.

Given the complexity of these rules and the potential consequences of missing the deadline, it’s essential to consult with an experienced attorney as soon as possible after an injury or wrongful death. An attorney can help you understand how the statute of limitations applies to your specific case, identify any applicable exceptions, and ensure that your claim is filed within the appropriate timeframe.