Woman Dies in Head-on Collision near Cornelius
Date: January 4, 2015
Location: Northwest Susbauer and Long Road
Names: Maria Lara Martinez, Adam Buchalsk, Paulina Lea
Sunday afternoon a 22-year-old woman was killed in a head-on collision at Northwest Susbauer and Long roads.
A 1999 Honda Accord collided with a 2006 Mercedes SUV when the SUV was passing the Accord in a no-passing zone.
The driver of the Honda was Maria Lara Martinez, 22, of Hillsboro and she died at the scene.
The man driving the SUV, Adam Buchalsk, 63, and passenger, Paulina Lea, 51, both of Cornelius, were transported to the hospital with non life-threatening injuries.
The incident is still under investigation.
We extend our condolences to the family and friends of the dead woman and wish everyone else involved 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 5, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, personal injury, Wrongful Death and tagged Adam Buchalsk, car accident, car crash, cornelius, head-on collision, Maria Lara Martinez, northwest long road, northwest susbauer, Paulina Lea, Personal Injury, personal injury attorney, personal injury lawyer, wrongful death. Bookmark the permalink. Leave a comment.