Darlene McGown Succumbs to Injuries From February 1st
Date: February 9, 2016
Location: Burns, Ore.
Names: Darlene McGown, Robert L. Heath & Milton J. Kowalski
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:
- 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 February 9, 2016, in Automobile Accidents, Oregon Car Accidents, Wrongful Death and tagged auto death, car accident, car crash, head-on collision, head-on crash, Oregon Personal Injury Attorney, Personal Injury, wrongful death. Bookmark the permalink. Leave a comment.