Man Dies when Pickup Truck rear-ends Semi-trailer in Milwaukie

Date: April 20, 2015

Location: Oregon 99E

Name: Michael Seamus, Randy Maller

Man Dies when Pickup Truck rear-ends Semi-trailer in Milwaukie

Early Monday morning a man died when his pickup truck crashed into the rear of a semi-trailer truck in Milwaukie.

The crash occurred around 3:30am on Oregon 99E between Southeast Ochoco and Southeast Milport streets.

Michael Seamus, 38, was pronounced dead at the scene.

The other driver, Randy Maller, 52, remained at the scene.

The crash remains under investigation.

We extend our condolences to the family and friends of Michael Seamus.

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:

  • Spouses
  • Children (including stepchildren)
  • Parents (including stepparents)

Less common claimants include:

  • Grandchildren
  • Siblings
  • Grandparents

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.

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on April 22, 2015, in Car Accidents, Portland personal injury attorneys, truck accidents, Wrongful Death and tagged , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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