Pedestrian Killed by 84-year-old Woman Driving on SE Division Near 66th Street

Date: August 18, 2014
Location: SE Division near 66th Street
Name: Unknown

Man Killed on SE Division

se-division-ped-fatal-b-08182014

An 84-year-old woman veered off the road driving on SE Division near 66th Street and killed a man walking along the sidewalk.  After striking the man on the sidewalk, the driver then hit a telephone pole.

The man died at the scene despite efforts to resuscitate him.  The driver suffered traumatic injuries but is still expected to survive.  Witnesses believe the woman may have suffered some type of medical emergency.

We extend our condolences to the family and friends of the dead man.

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:

  • Spouses
  • Children (including stepchildren)
  • Parents (including stepparents)

Less common claimants include:

  • Grandchildren
  • Siblings
  • Grandparents

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.

 

 

 

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on August 20, 2014, in Portland personal injury attorneys and tagged , , . Bookmark the permalink. Leave a comment.

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