16-year-old Boy Hit by Vehicle while Jogging has Died
Date: October 24, 2014
Location: Swegle Road NE in Salem
Name: Isaiah Guzman
A 16-year-old boy who was in critical condition at Salem Hospital after being hit by a vehicle on Swegle Road NE died yesterday.
It was dark and raining when Isaiah Guzman was struck and he was dressed in all black with no reflective gear at the time. A witness and the driver tried to help the boy but he was unresponsive at the scene.
The teen suffered head injuries and was taken off life support on October 28th.
We extend our condolences to the family and friends of Isaiah Guzman.
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 November 5, 2014, in Injuries to Children and Minors, Pedestrian Accidents, Wrongful Death and tagged isaiah guzman, pedestrian accident, Salem, swegle road ne, teen death, wrongful death. Bookmark the permalink. Leave a comment.