Date: December 10, 2015
Location: Oregon 99W
On Thursday, two people died and others may have been injured in a double fatality crash on Highway 99W about six miles from Rickreal.
A vehicle carrying two passengers crossed into oncoming traffic and was t-boned by another vehicle.
Both passengers in the car died and others may have been injured.
The crash is under investigation.
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.
Date: October 1, 2015
Location: Sunnyside Road and Kuebler Boulevard Drive SE
Thursday afternoon a three-year-old was seriously injured in a two-vehicle crash at Sunnyside Road and Kuebler Boulevard Drive SE in Salem.
A small SUV and a large pickup truck t-boned in the middle of the intersection.
A toddler was seriously injured and the mother had non-life threatening injuries and were both taken to the hospital.
The cause of the crash is still under investigation.
We wish everyone involved in the crash 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.