One Dead and Five Seriously Injured In Linn County Vehicle Collision
Date: June 15, 2013
Location: Southbound on Highway 99E
Names: Leopoldo Cabanizas Clemente (Deceased), Jon E. Nelson, Prima Nelson, Maxima M. Clemente, John B. Saw, Donna L. Saw
Seventy-year-old front passenger, Leopoldo Cabanizas Clemente died on Saturday when the vehicle he was traveling in collided with another on Highway 99E.
The 1991 Toyota Camry in which Leopoldo was a passenger didn’t halt at a stop sign at the intersection of Highway 99E. This resulted in a southbound 1998 Dodge four door ramming into the passenger side of the Camry. The impact took both the vehicles off the highway and into a ditch where the Dodge burst into flames. Fire personnel managed to douse it.
The driver of the Camry along with the two back passengers suffered major injuries and were rushed to Sacred Heart Medical Center at RiverBend. The two passengers that were in the Dodge sustained injuries and were transported to Good Samaritan Regional Medical Center in Corvallis.
The two-car accident is still under investigation with Oregon State Police Troopers going over the details of this fatal crash.
We extend our sympathies to the family of the deceased and well wishes to all those who sustained injuries in this accident.
Oregon wrongful death claims are allowed under ORS 30.010-30.100. But the law is much more complicated than a normal accident case. First of all, the statute of limitations (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
In a wrongful death case, you can ask for compensation for several types of damages as well.
Compensatory damages include.
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain, suffering and loss of income during the period between injury and death;
- Compensation for “pecuniary loss” to the decedent’s estate;
- Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;
Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.
Posted on June 19, 2013, in Portland personal injury attorneys and tagged Donna L. Saw, John B. Saw, Jon E. Nelson, Leopoldo Cabanizas Clemente (Deceased), Maxima M. Clemente, Prima Nelson. Bookmark the permalink. Leave a comment.