Motorcyclist Killed in Crash with SUV in Milwaukie

Date: January 25, 2015

Location: Oregon 224

Names: Daniel Graham, Russell Halverson

Motorcyclist Killed in Crash with SUV in Milwaukie

Sunday afternoon a motorcycle rider was hit by an SUV on Oregon 224 in Milwaukie.

Daniel Graham, 42, was heading east on Southeast Harrison Street when he was hit at the Oregon 224 intersection.

The driver of the SUV that hit Graham was identified as Russell Halverson, 37.

Graham later died from his injuries at Oregon Health and Science University.

Police believe drugs or alcohol were not a factor in the crash.

We extend our condolences to the family and friends of Daniel Graham.

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 (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.

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 as well.

Compensatory damages include.

• Charges for medical services;
• Charges for burial and memorial services;
• Compensation that the decedent would have been entitled to for disability, pain, 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.