Woman Found Dead after Car Plunges into Columbia River
Date: December 31, 2014
Location: Marine Drive and Northeast 85th Avenue
Name: Melissa J. Parke
A woman was found dead in the Columbia River after her car reportedly swerved to avoid a head-on crash at Marine Drive and Northeast 85th Avenue.
Rescue crews arrived after a call at 7:30pm to report a car was in the water off Marine Drive near the airport. The headlights were seen glowing under the water and the dive team recovered the woman, Melissa J. Parke, 46.
Only one person was found in the vehicle and the investigation continues.
We extend our condolences to the family and friends of Melissa J. Parke.
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, Oregon Car Accidents, Wrongful Death and tagged auto death, car accident, car crash, columbia river, marine drive, melissa j. parke, northeast 85th avenue, wrongful death. Bookmark the permalink. Leave a comment.