Actions and Suits in Particular Cases

ORS 30.030
Distribution of damages


(1)

Upon settlement of a claim, or recovery of judgment in an action, for damages for wrongful death, by the personal representative of a decedent under ORS 30.020 (Action for wrongful death), the amount of damages so accepted or recovered shall be distributed in the manner prescribed in this section.

(2)

The personal representative shall make payment or reimbursement for costs, expenses and fees incurred in prosecution or enforcement of the claim, action or judgment, including fees paid to the personal representative of the decedent attributable to the wrongful death claim under ORS 116.173 (Compensation of personal representative) (1)(e).

(3)

The personal representative shall make payment or reimbursement for reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services or other medical services, burial services and memorial services rendered for the decedent.

(4)

If under ORS 30.040 (Apportionment among dependents upon settlement) or 30.050 (Apportionment among dependents after judgment) or by agreement of the beneficiaries a portion of the damages so accepted or recovered is apportioned to a beneficiary as recovery for loss described in ORS 30.020 (Action for wrongful death) (2)(d), the personal representative shall distribute that portion to the beneficiary.

(5)

The remainder of damages accepted or recovered shall be distributed to the beneficiaries in the proportions prescribed under the laws of intestate succession of the state of decedent’s domicile, or as agreed by the beneficiaries, but no such damages shall be subject to payment of taxes or claims against the decedent’s estate. [Amended by 1973 c.718 §3; 2009 c.51 §1; 2019 c.166 §11]

Notes of Decisions

Under this section attorney fees incurred by personal representative in preparing and settling wrongful death action were properly charged against beneficiaries' share of settlement proceeds as well as against personal representative's share. Hughes v. White, 289 Or 13, 609 P2d 365 (1980)

Where there is no order of distribution under this section, ORS 30.060 does not establish appellate jurisdiction to determine whether there should have been such an order. Roe v. Pierce, 313 Or 228, 832 P2d 1226 (1992)

Where recipients of distribution are not limited to workers' compensation claimants, distribution formula takes precedence over paying agency lien right established under workers' compensation statute. Worthen v. Lumbermen's Underwriting, 137 Or App 368, 904 P2d 1088 (1995)

Law Review Citations

10 WLJ 217, 229, 230 (1974)

§§ 30.010 to 30.100

Notes of Decisions

Parents of minor child may not recover compensation for loss of child's society and companionship when child is negligently injured. Beerbower v. State ex rel Oregon Health Sciences, 85 Or App 330, 736 P2d 596 (1987), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021