Actions and Suits in Particular Cases

ORS 30.040
Apportionment among dependents upon settlement

Except when all beneficiaries otherwise agree, if settlement, with or without action, is effected and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (Action for wrongful death) (2)(d) shall be apportioned by the probate court to each beneficiary in accordance with the beneficiary’s loss. [Amended by 1973 c.718 §4]

Notes of Decisions

Court may consider collateral sources of income in apportioning amount to be distributed among multiple beneficiaries for pecuniary loss. Stanfield v. Stanfield, 192 Or App 447, 86 P3d 77 (2004), Sup Ct review denied

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


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Jun. 26, 2021