Umatilla Teacher Killed in Crash near Hermiston
Date: April 12, 2015
Name: Elisabeth Flores
A family was in a single-vehicle crash late Saturday, which killed the driver.
Elisabeth Flores, 39, was driving her husband and 13-year-old son when her vehicle left the roadway and crashed into a fence near the Hermiston rural fire station.
The first-grade teach from Umatilla, died at Good Shepherd Medical Center in Hermiston. Her husband and son were not hurt in the crash.
We extend our condolences to the family and friends of Elisabeth Flores.
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 16, 2015, in Car Accidents, Oregon Car Accidents, Wrongful Death and tagged car accident, car crash, first-grade teacher, hermiston, Personal Injury, umatilla, umatilla school district, umatilla teacher, wrongful death. Bookmark the permalink. Leave a comment.