Jet Ski Accident Ended in Tragedy
Date: August 23, 2013
Location: Willamette River, West Linn
Names: Eryk Simmons, Michael Bailey
Police report that Simmons was operating a rented Jet Ski on Willamette River in the early evening. He was there with his son and 38-year-old Michael Bailey of Tigard. Both men were operating their Jet Skis on the river when the collision occurred. Simmons was on his with his 7-year-old son when Bailey collided with him. Simmons and his son were thrown from the Jet Ski and landed in the river.
Witnessed reported the sound of the impact was deafening. 911 was called immediately following the collision and the 7-year-old boy and Simmons, who was unconscious, were pulled out of the water. The young boy suffered only minor injuries. Simmons never regained consciousness and was pronounced dead at the scene.
All parties involved in the accident were wearing life jackets at the time of the collision. This accident is still under investigation and police report the man who caused the accident is cooperating with the investigation. Tragically, the accident occurred when the group was there to celebrate the 7-year-olds birthday.
We would like to express our deepest sympathies to the family and friends of Eryk Simmons. You have our deepest condolences for your loss.
In these cases the grief of losing a loved one is deepened by the knowledge that their death may have been due to someone else’s negligence. While it is a small consolation, it is possible to file a wrongful death claim under ORS 30.010-30.1000.
The Oregon statute outlines who is entitled to compensation. Spouses, children, and parents are the most common claimants, but under some circumstances, grandchildren, siblings, and grandparents may be able to bring a wrongful death claim as well. A Personal Representative, usually chosen by the family and approved by a judge, must bring the lawsuit for these beneficiaries.
It is important to note that the time limits for filing a wrongful death claims are very complicated and depend entirely on the circumstances. Your time limit (statute of limitations) may be as little as one year, so preserving evidence and seeking legal help in a timely manner can be extremely important to the case.
If you need to speak with a Portland wrongful death attorney, most offer free consultations. Many will also help you investigate the accident for free until you decide what to do about representation. Let them help you navigate this legal process, so that you can grieve without jeopardizing your rights.
If you are looking for more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.