Man & Young Girl Die in I-84 Crash near Boardman
Date: September 3, 2015
Location: Interstate 84
Names: Fernando Castaneda, Tami Graves, Emmalee Kitchen
Thursday evening a 3-year-old girl from Washington and a 23-year-old man died in a head-on collision on I-84 in Eastern Oregon.
Fernando Castaneda, 23, of Boardman, crossed the median on the Highway for an unknown reason and collided with another vehicle head-on.
The other vehicles driver, Tami Graves of Burbank, Washington, suffered non-life threatening injuries. Emmalee Kitchen, Graves’ 3-year-old niece, and Castaneda both died in the crash.
We extend our condolences to the family and friends of Emmalee Kitchen and Fernando Castaneda. We wish Tami Graves 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 September 8, 2015, in Automobile Accidents, Injuries to Children and Minors, Oregon Car Accidents, personal injury, Wrongful Death and tagged boardman, Burbank, car accident, car crash, child death, eastern oregon, Emmalee Kitchen, Fernando Castaneda, head-on collision, I-84, Interstate 84, Personal Injury, Tami Graves, washington, wrongful death. Bookmark the permalink. Leave a comment.