ORS 30.040¹
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)

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

1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information