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Pedestrian Dies in Hillsboro Crash

Date: February 5, 2015

Location: Southwest Oak Street

Names: Robert C. Smith, Derek J. Welch

Thursday evening, a pedestrian was killed after being struck by a car in Hillsboro.

A man, who appears to be homeless, was walking or standing in the middle of lane of Oak Street near Bailey Street when he was hit by a 2006 Mazda3.

The homeless man, Robert C. Smith, 58, was taken to OHSU Hospital and died early Friday morning.

The Mazda driver was Derek J. Welch, 34, of Hillsboro.

We extend our condolences to the family and friends of Robert C. Smith.

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.