Date: December 4, 2015
Location: Southeast Stark Street
Names: Linda J. Johnston, Jose D. Lara, Oswaldo A. Reyes
Friday morning a woman was killed on Southeast Stark Street when two vehicles slammed into her car.
Two drivers, Jose D. Lara, 18, and Oswaldo A. Reyes, 27, were both speeding heading eastbound on Start Street when they struck a westbound car turning from 160th Avenue.
The driver of the car making the westbound turn, Linda J. Johnston, 65, died in the crash.
Lara and Reyes face charges of manslaughter and reckless driving.
We extend our condolences to the family and friends of Linda J. Johnston.
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.