One Person Killed when Car hits Tree outside Vernonia
Date: January 13, 2015
Location: Oregon 47
Name: Nathan Jackson
Tuesday evening the driver of a car was killed when his vehicle left the road and crashed into a tree on Highway 47 north of Vernonia.
The driver of the vehicle, Nathan Jackson, 36, of Vernonia, died at the scene.
Police are investigating alcohol as a possible contributing factor.
We extend our condolences to the family and friends of Nathan Jackson.
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 14, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged car accident, car crash, highway 47, nathan jackson, Oregon 47, vernonia, wrongful death. Bookmark the permalink. Leave a comment.