Eugene Man Dies in One-vehicle Crash on Highway 126E near Springfield
Date: December 13, 2014
Location: Highway 126E
Name: Richard Corgain
Saturday night a 67-year-old man died after the car he was driving ran off the road on Highway 126 east of Springfield.
Richard Corgain, of Eugene, was driving westbound on Highway 126E in a 1993 Chevy Cavalier when he ran off the road and hit a tree.
Corgain was removed from the car and taken to a nearby hospital where he died from his injuries.
Police believe speed may have been a factor but Corgain was wearing his seatbelt.
We extend our condolences to the family and friends of Richard Corgain.
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 December 15, 2014, in Automobile Accidents, Car Accidents, speeding, Wrongful Death and tagged car accident, car crash, Eugene, highway 126, highway 126e, Personal Injury, richard corgain, speeding, springfield, wrongful death. Bookmark the permalink. Leave a comment.