Corvallis Woman Dies after Highway 99 Crash near Junction City

Date: November 21, 2014

Location: Highway 99W

Name: Kimberly Anne Barclay & Clinton Stefanek

Corvallis Woman Dies after Highway 99 Crash near Junction City

crovalliscrashdeath

Friday morning a four-vehicle crash occurred on Highway 99W south of Junction City.

Kimberly Anne Barclay, 39, of Corvallis, died at the scene.

A northbound 2002 Toyota Tacoma, driven by Clinton Stefanek, 31, of Eugene, crossed the center median and hit Barclay’s southbound Nissan Juke.

Both vehicles were hit by two other vehicles that were traveling south on the highway.

We extend our condolences to the family and friends of Kimberly Anne Barclay.

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 November 24, 2014, in Portland personal injury attorneys and tagged , , , , , , , , , . Bookmark the permalink. Leave a comment.

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