13-year-old Boy Killed by Amtrak Train in Gervais
Date: October 21, 2014
Name: Juan Carlos Robles-Melera
Around 7:30pm on Tuesday, a southbound Amtrak Cascades train struck and killed a 13-year-old boy.
The teen was identified as Juan Carlos Robles-Melera of Woodburn, who attended French Prairie Middle School.
Robles-Melera left soccer practice after school on his own instead of waiting for his mother.
When his mother arrived and didn’t find her son with autism, she called the Woodburn Police. A call for a pedestrian train accident came in while they were taking the report.
The teen killed by the train was identified as Juan by his clothing and backpack items.
The train was halted for about two hours on its way to Eugene.
We extend our condolences to the family and friends of Juan Carlos Robles-Melera.
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 October 23, 2014, in Injuries to Children and Minors, Train Accidents, Wrongful Death and tagged Amtrak, gervais, Juan Carlos Robles-Melera, pedestrian accident, teen death, woodburn, wrongful death. Bookmark the permalink. Leave a comment.