Teenager Killed in Umatilla County Crash
Date: February 20, 2014
Location: Highway 204, Umatilla County
Names: Harrell Phillips, Montana Batterton
Batterton was involved in a near head on collision with another driver on Oregon 204. Police report that Batterton was operating his 1998 Jeep Cherokee in the eastbound lane when the collision occurred. While specifics of the accident are not available, police report that another vehicle, a Chevrolet Silverado pickup driven by Harrell Phillips, was westbound, but collided with the Batterton’s vehicle in the eastbound lane.
Everyone involved was seriously injured. Batterton initially was taken to Providence St. Mary’s Medical Center in Walla Walla and then later transferred to Harborview Medical Center in Seattle. Unfortunately, the injuries were too severe and Batterton passed away several days after the accident. The current conditions of the other parties involved are not known.
Police are still trying to confirm whether or not Batterton was wearing a seatbelt. The other parties were reported to be wearing their seatbelts. The accident is still under investigation.
We would like to express our condolences to the family and friends of Montana Rex Batterton. It is truly tragic to lose someone at such a young age, and our thoughts are with you during this difficult time.
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.