Woman Dies after Car goes off Highway in Douglas County
Date: April 11, 2015
Location: Highway 38
Names: Elizabeth A. Closs
Saturday afternoon friends of Elizabeth A. Closs, 18, of Drain, reported her missing. Deputies tracked her cell phone signal and found tracks heading off Highway 38 down a steep embankment. Closs’s 1992 Toyota Carolla was found crashed into a tree.
Closs was pronounced dead at the scene.
The cause of the crash is under investigation but it looks like Closs was not wearing a seatbelt at the time of the crash.
We extend our condolences to the family and friends of Elizabeth A. Closs.
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 April 13, 2015, in Automobile Accidents, Car Accidents, Wrongful Death and tagged car accident, car crash, douglas county, drain, elizabeth a. closs, Highway 38, wrongful death. Bookmark the permalink. Leave a comment.