Body in Columbia River Car Crash Identified

Date: October 8, 2014

Location: NE Marine Drive

Name: Nickolas Ralph Curtiss Jr.

Body in Columbia River Car Crash Identified

columbia-river-crash

Firefighters from Portland Fire & Rescue recover the body from the NE Marine Drive crash on Wednesday morning.

The body was identified as Nickolas Ralph Curtiss Jr., 47, who tried to escape the car when he went underwater.

Officials are still investigating the cause of the crash but the stretch of road Curtiss was driving on is recognized as extremely dangerous.

Marine Drive has a fatality rate more than 10 times higher than the citywide average but a lack of funding has stalled any improvements.

We extend our deepest sympathies to the friends and family of Nickolas Ralph Curtiss Jr.

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 October 10, 2014, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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