Darlene McGown Succumbs to Injuries From February 1st

Date: February 9, 2016

Location: Burns, Ore.

Names: Darlene McGown, Robert L. Heath & Milton J. Kowalski

Darlene_McGown_Robert_L_Heath_Milton_J_Kowalski_Accident

(Photo: Oregon State Police)

Burns, Ore. – Robert L. Heath, 65, of Christmas Valley, and Milton J. Kowaski Jr., 71, of Redmond, both suffered fatal injuries after the vehicles they were driving collided head-on on February 1, 2016. Darlene McGown, 69, of Redmond died a little over a week later on February 9th, 2016, from the injuries she sustained on February 1st, 2016.

According to investigators, Robert L Heath was driving a Chevrolet pickup east on U.S. 20 near Burns when at around 12:30 p.m. on February 1 when he attempted to pass a commercial vehicle and hit the Cadillac that Milton Kowalski was driving & Darlene McGown was a passenger.

Milton J. Kowalski died at the scene of the accident, Robert L. Heath was transported to Saint Alphonsus Hospital in Boise where he later died from his injuries. Darlene McGown was taken to Saint Alphonsus Hospital too and succumb to her injuries on February 9th, 2016.

We extend our condolences to the family and friends of Darlene McGown, Robert L Heath & Milton J. Kowalski.

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.

 

 

Advertisements

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 February 9, 2016, in Automobile Accidents, Oregon Car Accidents, Wrongful Death and tagged , , , , , , , . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: