2015 ORS 30.075¹
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 (Effect of death on limitations). 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 (Notice of claim) 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)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.