Two Students Killed and Two Injured walking near High School near Bellingham

Date: June 10, 2015

Location: Ferndale, Washington

Names: Shane Ormiston, Gabriel Anderson, Michael Brewster, Kole Randall, William Klein

Two Students Killed and Two Injured walking near High School near Bellingham

A group of students at Windward High School in Ferndale, north of Bellingham, were walking with teacher during gym class when a vehicle left the sidewalk and plowed into four teens.

Shane Ormiston, 18, and Gabriel Anderson, 15, both of Ferndale, were killed.

Michael Brewster, 17, of Custer, and Kole Randall, 17, of Ferndale, were seriously injured suffering severe leg fractures.

The driver of the vehicle, William Klein, 34, of Bellingham, who had a 3-year-old in the car with him initially said he fell asleep but later admitted he had used drugs. Klein was arrested for investigation of vehicular homicide and vehicular assault.

We extend our condolences to the family and friends of Shane Ormiston and Gabriel Anderson.  We wish Michael Brewster and Kole Randall 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:

  • 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 June 12, 2015, in Injuries to Children and Minors, Pedestrian Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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