Category Archives: Injuries to Children and Minors

Daniel G. Nofziger & Sharon A. Fillis injured in head-on accident

(Photo Courtesy: Oregon State Police)

(Photo Courtesy: Oregon State Police)

Date: March 14, 2016

Location: Highway 99E Near Oregon City, Ore.

Victims: Daniel G. Nofziger & Sharon A Fillis

Oregon City, Ore. – Oregon State Police responded and emergency crews responded head-on collision near mile-post 16 (just south of Oregon City) on March 14, 2016.

Oregon State Police preliminary investigation indicates that a 1997 Ford pickup was traveling southbound on Highway 99E during a severe weather occurrence involving heavy rain and hail, when it lost control on the slick roadway. The Ford crossed the centerline and collided with a 2007 Honda CRV head-on.

The driver of the 1997 Ford pickup, Daniel G. Nofziger, age 43 of Canby was transported to OHSU with non-life threatening injuries. His fiver year old daughter also suffered non-life threatening injuries and was transported by ground ambulance to Dornbecher’s Children’s Emergency Department.

Sharon A Fillis, age 81, also had non-life threatening injuries. Fillis was transported by ground ambulance to OHSU.

Oregon State Police was assisted by Canby Police Department, Oregon City Police Department and Clackamas County Crash Reconstruction Team.

This is an ongoing investigation that highlights the multiple dangers that drivers face in adverse weather conditions.

Our thoughts and prayers go out to the families of those involved in this accident. This was a terrible accident, and we hope everyone involved in the crash knows that there are a lot of people wishing them a speedy recovery.

The period after an accident like this can be a very confusing and challenging time especially when friends and family may be involved. We feel fortunate to be able to provide victims of these types of accidents with resources that help navigate these challenging and trying times. We hope these resources help answer some of the difficult questions you have after an accident and how mounting medical bills can be addressed.

As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful but it is important you get the help you need to heal. After a crash like this, any injured person can seek compensation through the at-fault driver’s insurance policy, or through their own uninsured motorist coverage.

Steps to Take for Filing an Insurance Claim after an Oregon Accident:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right after the accident, write down any details you remember.
  3. Contact your insurance company and get a copy of your insurance policy if you don’t have one. Talk to your adjuster about using your personal injury protection (PIP) coverage for medical treatment, lost wages, etc.
  4. Determine the amount of property damage done.
  5. Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
  6. If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
  7. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. Check the statute of limitations on your claim. For most car accidents in Oregon, the time limit is two years, but this is not true for all cases. In some cases, you will only have 180 days – speaking to an attorney can clarify your time limits.
  10. Discuss your case with a car accident attorney in Portland who offers free consultations to start understanding the laws that affect your case and your rights as an accident victim.

But before you speak to the insurance adjuster or an attorney, you can learn more about the Oregon insurance claim process in the very helpful book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

 

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8-year-old Killed in Accident in Keizer

(Photo: Keizer PD)

(Photo: Keizer PD)

Date: March 11, 2016

Location: River Road between Sam Orcutt & Sunset in Keizer, Ore.

Victims: Jaren Nash

Keizer, Ore. – Keizer Police Department has reported that an 8-year-old boy was hit by a Vehicle on River Road and has died from his injuries.

At about 7 p.m. on Friday night March 11th, the 8-year-old Jaren Nash was crossing the road with his mother Devon Rutherford of Keizer. They were not in a marked crosswalk when Jaren was struck by a 2006 Ford Explorer driven by William Wetzler, 31, of Salem, on River Road between Sam Orcutt and Sunset, according to Jeff Kuhns with Keizer PD. Despite Jaren being taken by air ambulance to OHSU he unfortunately was not able to survive his extensive injuries and he died at the hospital.

Jaren Nash was a student at Schirle Elementary School in Salem.

The driver William Wetzler remained on scene and cooperated with investigators. It was dark and wet at the time of the accident and the investigation is ongoing.

oregon-wrongful-death-laws-smOur hearts go out to all the members of all the families affected by this accident. This was a terrible tragedy, and we just hope everyone involved in the crash knows that there are a lot of people thinking of them.

The period after an accident like this can be a very confusing and challenging time. We feel fortunate to be able to provide victims of these types of accidents with resources that help navigate these challenging and trying times. We hope these resources help answer some of the difficult questions you have after an accident.

KOIN News reports on the event can be viewed here: http://koin.com/2016/03/11/young-boy-hit-by-car-in-keizer/

Three Dead in Yamhill County Head-On Crash

Photo: Oregon State Police

Photo: Oregon State Police

Date: March 1, 2016

Location: Yamhill County, Ore. Highway 47

Names: Teven Ray Stone, Jennifer A. Heath, Johnny E. Highley & Jeff Morgan

Yamhill County, Ore. Highway 47

At approximately 4:30 a.m. on March 1. 2016 emergency personnel responded to the report of a two vehicle head-on crash on Highway 47 near milepost 37.

Upon arrival, emergency crews determined that three adults in a 1992 Honda Accord were deceased. The vehicle was heavily damaged in the collision. Also in the Accord was a four-year old critically injured child. The child was taken by ambulance to Willamette Valley Medical Center in McMinnville and transferred to Oregon Health & Science University for life threatening injuries.

Oregon State Police investigators preliminary investigation determined that the Honda Accord was traveling northbound on Highway 47 when it drifted across the center-line into the path of a southbound 2008 GMC pickup. The driver of the Honda Accord, Teven Ray Stone, 24 of Sheridan, Oregon, right front passenger, Jenifer A. Heath, 39 of McMinnville and rear passenger, Johnny E. Highley, age 45 all died at the accident scene. Several of the occupants in the Honda appeared to not be wearing seat-belts.

The driver of the pickup, Jeff Morgan, 64 of Yamhill, Oregon was taken to the hospital with non life threatening injuries.

We extend our condolences to the families and friends of Teven Ray Stone, Jennifer A. Heath & Johnny E Highley.

It is important in an accident like this to protect the rights of the deceased and their families.

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.

 

Scappoose Woman Injured in Highway 30 Crash

Date: November 27, 2015

Location: Highway 30

Names: Jessica Gillard, Derek Sanford, Brian Ballard

Scappoose Woman Injured in Highway 30 Crash

On Black Friday, a Scappoose woman was seriously injured in a two-vehicle crash on Highway 30 near Rosewood Lane.

A white Hyundai Elantra was heading south on Highway 30 when it crossed over the center line and struck a red Toyota PK heading north.

The driver of the Hyundai, Jessica Gillard, 28, of Scappoose, was seriously injured in the crash. The other passengers in her vehicles were Derek Sanford and two young children. One of the young children was injured and taken to the hospital.

The Toyota driver, Brian Ballard, 38, of Seabeck, Washington, was not injured in the crash.

We wish Jessica Gillard and all the people involved in this crash a full and speedy recovery.

As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful. After a crash like this, any injured person can seek compensation through the at-fault driver’s insurance policy, or through their own uninsured motorist coverage.

Steps to Take for Filing an Insurance Claim after an Oregon Accident:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right after the accident, write down any details you remember.
  3. Contact your insurance company and get a copy of your insurance policy if you don’t have one. Talk to your adjuster about using your personal injury protection (PIP) coverage for medical treatment, lost wages, etc.
  4. Determine the amount of property damage done.
  5. Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
  6. If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
  7. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. Check the statute of limitations on your claim. For most car accidents in Oregon, the time limit is two years, but this is not true for all cases. In some cases, you will only have 180 days – speaking to an attorney can clarify your time limits.
  10. Discuss your case with a car accident attorney in Portland who offers free consultations to start understanding the laws that affect your case and your rights as an accident victim.

But before you speak to the insurance adjuster or an attorney, you can learn more about the Oregon insurance claim process in the very helpful book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

10-year-old Dies in Car Crash with Underage Driver in Lakewood

Date: November 9, 2015

Location: Veterans Drive Southwest and Pine Street Southwest

Names: Unavailable

10-year-old Dies in Car Crash with Underage Driver in Lakewood

Monday afternoon a 14 year-old boy took his family’s car without permission and crashed it in Lakewood, Washington killing a 10-year-old passenger.

The teen was involved in a minor crash and then sped off afterward and lost control. The car slammed into a pole and a tree on Veterans Drive Southwest near Pine Street Southwest.

A 10-year-old passenger died at the hospital and three others were injured and taken to the hospital.

We extend our condolences to the family and friends of the 10-year-old and wish everyone else involved a full and speedy recovery.

If a child is injured, the statute of limitations is complicated. ORS 12.160 states that the time for bringing the lawsuit does not start being counted until the child turns 18. However, the time limit will never be extended for more than five years, nor will it be extended for more than one year after the child’s 18th birthday.

This statute creates confusion for many people, some lawyers included. So if your child has been injured, in either an auto crash or another type of accident, protect their rights (and your financial well-being) by considering a qualified injury lawyer. Our Portland personal injury lawyers offer free consultations.

Four Injured in Multi-vehicle Crash near Sisters

Date: November 1, 2015

Location: Highway 20

Names: Kara J. Smith, Gail W. Hayes

Four Injured in Multi-vehicle Crash near Sisters

Sunday afternoon, two adults and two children were injured in a multi-vehicle crash on Oregon 20 near Hoodoo.

Kara J. Smith, 31, of Redmond was traveling eastbound in a 2006 Scion when she lost control on a right curve and crossed the center line. The Scion struck a 2006 Ford Flex wagon driven by Gail W. Hayes, 73, of Salem, and both vehicles came to a rest in the westbound lanes.

Two children in the Scion were taken to the hospital and at least two adults were also taken with serious injuries.

There was a light rain and the highway was wet, which may have contributed to the crash.

We wish all the people involved in this crash a full and speedy recovery.

As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful. After a crash like this, any injured person can seek compensation through the at-fault driver’s insurance policy, or through their own uninsured motorist coverage.

Steps to Take for Filing an Insurance Claim after an Oregon Accident:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right after the accident, write down any details you remember.
  3. Contact your insurance company and get a copy of your insurance policy if you don’t have one. Talk to your adjuster about using your personal injury protection (PIP) coverage for medical treatment, lost wages, etc.
  4. Determine the amount of property damage done.
  5. Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
  6. If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
  7. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. Check the statute of limitations on your claim. For most car accidents in Oregon, the time limit is two years, but this is not true for all cases. In some cases, you will only have 180 days – speaking to an attorney can clarify your time limits.
  10. Discuss your case with a car accident attorney in Portland who offers free consultations to start understanding the laws that affect your case and your rights as an accident victim.

But before you speak to the insurance adjuster or an attorney, you can learn more about the Oregon insurance claim process in the very helpful book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

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