Two Killed and One Child Injured in Highway 34 Crash
Date: January 1, 2015
Location: Highway 34
Names: Bradley R. Storkson & Felicia N. Hamilton
Thursday evening, two people were killed and a 7-year-old boy was seriously injured in a collision in Linn County.
Bradley R. Storkson, 26, of Lebanon, was driving a Camaro when he crossed the center line and hit an Impala head-on driven by 28-year-old Felicia N. Hamilton, of Lebanon.
Storkson was pronounced dead at the scene and Hamilton died at Good Samaritan Hospital in Corvallis.
The boy was taken to Doernbecher Children’s Hospital.
The investigation of the crash continues but it seems speed was a factor.
We extend our condolences to the family and friends of Felicia N. Hamilton and Bradley R. Storkson. We wish the boy 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:
- 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 January 2, 2015, in Car Accidents, Injuries to Children and Minors, Oregon Car Accidents, speeding, Wrongful Death and tagged Bradley R. Storkson, car accident, car crash, child injuries, collision, Felicia N. Hamilton, head-on collision, highway 34, injury to children, linn county, Personal Injury, wrongful death. Bookmark the permalink. Leave a comment.