Actions and Suits in Particular Cases

ORS 30.075
Procedure upon death of injured person

(1)

Causes of action arising out of injuries to a person, caused by the wrongful act or omission of another, shall not abate upon the death of the injured person, and the personal representatives of the decedent may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within the limitations established in ORS 12.110 (Actions for certain injuries to person not arising on contract) by the injured person and continued by the personal representatives under this section, or within three years by the personal representatives if not commenced prior to death.

(2)

In any such action the court may award to the prevailing party, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees.

(3)

Subsection (2) of this section does not apply to an action for damages arising out of injuries that result in death. If an action for wrongful death under ORS 30.020 (Action for wrongful death) is brought, recovery of damages for disability, pain, suffering and loss of income during the period between injury to the decedent and the resulting death of the decedent may only be recovered in the wrongful death action, and the provisions of subsection (2) of this section are not applicable to the recovery. [1965 c.620 §4; 1971 c.473 §2; 1981 c.810 §1; 1981 c.897 §6; 1995 c.618 §21]

Notes of Decisions

Where person dies while having right to bring action for personal injury, time limit for personal representative to bring personal injury suit on behalf of estate is governed by this section instead of ORS 12.190. Giulietti v. Oncology Associates of Oregon, 178 Or App 260, 36 P3d 510 (2001)

With respect to action for personal injury brought by decedent’s personal representative against public body, application of two-year statute of limitations under ORS 30.275 precludes application of three-year statute of limitations under this section. Bell v. Tri-Met, 247 Or App 666, 271 P3d 138 (2012), aff’d 353 Or 535, 301 P3d 901 (2013)

Law Review Citations

10 WLJ 230 (1974)

Source

Last accessed
May 26, 2023

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