1 Dead, 2 Seriously Injured in Head-on Crash in Polk County
Date: February 8, 2015
Location: Oregon 22
Names: Carrol L. Davis, Orsene L. Davis, Joshua Deeds
Sunday afternoon, a head-on crash in Polk County left one dead and two seriously injured.
A green 1995 Plymouth Neon tried to pass another vehicle on Oregon 22 near Red Prairie Road. The Neon crashed into a gray Chevrolet Venture heading the opposite direction.
The passenger of the Venture, Carrol L. Davis, 70, of Salem was pronounced dead at the scene. The driver, Orsene L. Davis, 73, was airlifted to a Salem hospital with serious injuries.
Joshua Deeds, 19, of Otis, was driving the Neon and went to Salem Hospital with serious injuries as well.
We extend our condolences to the family and friends of Carrol L. Davis and wish Orsene L. Davis and Joshua Deeds 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 February 9, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, personal injury, Wrongful Death and tagged car accident, car crash, Carrol L. Davis, head-on collision, Joshua Deeds, oregon 22, Orsene L. Davis, Personal Injury, Polk County, red prairie road, wrongful death. Bookmark the permalink. Leave a comment.