Salem Man Killed in Crash on Fairview Industrial Drive
Date: March 19, 2015
Location: Fairview Industrial Drive, Salem
Name: Heriberto Garcia-Ambriz
Thursday evening a man was killed in a crash in Salem.
A 1991 Honda Civic attempted to pass two vehicles in the center lane of Fairview Industrial Drive SE and struck the raised center median. The driver lost control of the car and hit a tree along the side of the street.
The driver, Heriberto Garcia-Ambriz, 26, of Salem, was pronounced dead at the scene.
We extend our condolences to the family and friends of Heriberto Garcia-Ambriz.
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 (SOL)(time limit on filing a claim) is different. For most car accidents, the SOL is two years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”
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 such as:
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain and 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 March 24, 2015, in Automobile Accidents, Car Accidents, Wrongful Death and tagged auto death, car accident, car crash, fairview industrial drive, Heriberto Garcia-Ambriz, Salem, wrongful death. Bookmark the permalink. Leave a comment.