1 killed, 4 injured in crash near Warm Springs

hwy26.1_OSP_Photo

(Photo: Oregon State Police pickup damaged in crash on Hwy 26 near Warm Springs, OR)

Date: January 30, 2016

Location: Warm Springs, OR

Names: Matthew Hiller, Wendy Hiller & Juan Guerrero Gomez

Warm Springs, OR – 42-year-old Matthew Hiller of Vancouver was killed in an accident on Highway 26 near milepost 93 and four others sustained injuries.

The accident occurred at around 9 p.m. during a period of heavy snowfall. Juan Guerrero Gomez, 42, of Gresham was traveling westbound when the vehicle he was driving crossed the centerline and collided with an SUV driven by Matthew Hiller, according to Lt. Cari Boyd of the Oregon State Police.

Mattew Hiller was the driver of the SUV that was struck by the vehicle driven by Juan Guerrero Gomez. Mattew Hiller was pronounced dead at the scene, Boyd said.

Three of the passengers in Mattew Hiller’s SUV were also injured. 44-year-old Wendy Hiller and two children. In addition, Gomez was also injured. Wendy Hiller and a very young child were taken to the hospital with minor injuries. A 12-year-old with life threatening injuries was flown to St. Charles Medical Center in Bend.

According to Oregon State Police, all occupants of both vehicles were wearing seatbelts.

We extend our condolences to the family and friends of Mattew Hiller

Oregon wrongful death claims are allowed under ORS 30.020, 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 February 15, 2016, in Automobile Accidents, Car Accidents, Oregon Car Accidents, personal injury, Portland personal injury attorneys, Wrongful Death and tagged , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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