Pedestrian Killed on Highway 42 near Tenmile
Date: December 28, 2014
Location: Highway 42 Near Tenmile
Names: Thomas J. McDermott Jr.
Early Sunday morning, at approximately 5:25 a.m., Thomas J. McDermott Jr., 76 of Tenmile was struck and killed by a red 1999 Ford Taurus after entering into East bound traffic on Highway 42, according to Oregon State Police. McDermott was on the highway shoulder near Milepost 60 for several hours prior to moving into the eastbound lane.
The red 1999 Ford Taurus was being driven by Krista M. Padilla, 55, of Camas Valley. Krista was uninjured in the collision and has been cooperating with investigators.
McDermott may have suffered from a medical disorder that may have disoriented him, according to Troopers.
We extend our condolences to the family and friends of Thomas J. McDermott Jr.
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.