One Dead in Fatal Klamath Falls Crash
Date: May 20, 2015
Location: Highway 140
Wednesday evening a head-on collision between two vehicles occurred on Highway 140 near Running Y Resort in Klamath County.
When police arrived to the scene, one of the cars was fully engulfed in flames and one person was dead.
The cause of the crash is under investigation.
We extend our condolences to the dead person and wish everyone else involved in the crash 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 (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 May 22, 2015, in Automobile Accidents, Car Accidents, personal injury and tagged car accident, car crash, collision, head-on collision, Highway 140, klamath county, klamath falls, Personal Injury, running y resort, wrongful death. Bookmark the permalink. Leave a comment.