Hit-and-run Driver Arrested for Death of Springfield Man
Date: December 11, 2014
Names: Isabel Gloria McDaniel, Gary Louis McDaniel, Daniel Ortiz-Reynaga
Last Thursday, a woman hit a vehicle and drove 11 blocks with the victim stuck on the luggage rack of her car. The car carried the man for 11 blocks before he fell or was removed and left in the street.
Daniel Ortiz-Reynaga, 67, was pronounced dead at a Springfield hospital. His son suffered minor injuries from the incident.
Police have arrested the hit-and-run driver, 30-year-old Isabel Gloria McDaniel of Veneta. Her husband, Gary Louis McDaniel, 24, was cited for tampering with evidence.
We extend our condolences to the family and friends of Daniel Ortiz-Reynaga and hope his son is able to full recover soon.
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 19, 2014, in Automobile Accidents, Car Accidents, Hit and Run, Oregon Car Accidents, personal injury, Wrongful Death and tagged car accident, car crash, Daniel Ortiz-Reynaga, Gary Louis McDaniel, Hit and Run, Isabel Gloria McDaniel, Personal Injury, personal injury attorney, personal injury lawyer, springfield, wrongful death. Bookmark the permalink. Leave a comment.