Woman Killed Pushing Stroller Across Camas Road

Date: December 23, 2014

Location: Northeast 3rd Avenue and Northeast Weir Street

Names: Anneice Fich, Eduardo Herrera-Berra, Thetford Moore

Woman Killed Pushing Stroller Across Camas Road

Screen Shot 2014-12-26 at 6.50.56 AM

Tuesday evening a woman was killed when she was hit by a car while pushing her 2-year-old great-grandson in a stroller.

Anneice Fich, 66, of Washougal, was crossing Northeast 3rd Avenue at Northeast Weir Street when she was hit and killed by an SUV.

Her 2-year-old great grandson, Eduardo “Lalo” Herrera-Berra, was in good condition at Legacy Emanuel Medical Center and is being treated for broken ribs, punctured lung and a broken leg.

There is no marked crosswalk or stop lights at the intersection and some of the street lights were out of commission.

The driver of the SUV who struck Fich was 60-year-old Thetford Moore and he has been cooperating with investigators. Neither drugs or alcohol were a factor in the crash, and police believe the failed street lights may be a factor in the investigation.

We extend our condolences to the family and friends of Anneice Fich and wish Eduardo “Lalo” Herrera-Berra a full and speedy recovery.

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 December 26, 2014, in Injuries to Children and Minors, Pedestrian Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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