Date: June 3, 2010
Location: SR 99W near Monmouth, Oregon
Names: Jack Mitchell, Nancy Mitchell, Amanda Parsons, Tyler Funk
A Newport man died and three other people were injured in a head-on crash June 3, 2010, on State Route 99W near Monmouth, Oregon, according to an OSP press release.
Around 7:30 PM, a car driven by Amanda Parsons, 19, of Missoula, Montana, was traveling north on the highway when it drifted onto the shoulder. Parsons overcorrected and the vehicle crossed the center line, striking a southbound car driven by Jack Mitchell, 77, of Newport.
Mitchell was pronounced dead at the scene. His passenger, Nancy Mitchell, 83, of Newport, was seriously injured and taken to Good Samaritan Hospital in Corvallis.
Parsons and her passenger, Tyler Funk, 19, of Portland, sustained minor injuries. They were taken to Salem Hospital.
The Monmouth car accident closed the highway for around three hours while troopers investigated.
It was not known whether any charges would be filed.
We send our condolences to Jack Mitchell’s family. It is so painful to lose a loved one, and we will be thinking of you. We also want to send our wishes to Nancy Mitchell, Parsons, and Funk. We hope you recover quickly and completely.
Wrongful death claims are allowed by law. ORS 30.010-30.100.
The statute of limitations for an Oregon wrongful death claim is tricky. It 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. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.
Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.
The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.
The moments and days after a car crash in Oregon are the most important. First, you must seek medical attention as soon as possible. Even if you think your injuries are minor, you should have a record of anything after the accident in case the pains become more serious. Second, either you, a friend or family member, or a qualified attorney, should collect evidence from the accident scene. Evidence can disappear quickly, so doing this while your loved one is in the hospital is of extreme importance. We understand that you may not want to do this while you or your loved one is in the hospital, so you may want to ask an Oregon injury attorney to do it for you.
The months after an accident are important as well. There are time limits to filing a claim if you have been in an accident. And sometimes you can’t go back to work, so you start to worry about paying medical bills and wage loss. These are all stressful things, and it doesn’t help that the insurance company won’t leave you alone, but they won’t help you either. So please, do not hesitate to call us or request a free copy of our book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case. Our website has helpful advice, and what we don’t cover there, we will be more than happy to answer ourselves.