When someone is injured as a result of another person’s negligence, the injured party has the right to pursue compensation for his or her damages via a personal injury case. When the injured party, however, dies as a result of the other party’s negligence, the victim obviously can’t pursue this legal correction. The law’s answer to this dilemma is a wrongful death statute that addresses the victim’s family’s losses. If you’ve lost a loved one to someone else’s negligence, an Alameda wrongful death attorney can help.
Losing a loved one to someone else’s negligence is obviously extremely difficult, and California law addresses this fact by allowing the claimants in wrongful death cases to pursue both economic and non-economic damages. Economic damages can include (without a financial cap):
Non-economic damages, on the other hand, can include (without financial cap):
Emotional pain and suffering are not covered in these non-economic damages, but the jury can assign any reasonable value to covered losses (in accordance with the evidence presented).
In the State of California, the following survivors (or their personal representatives) have the authority to bring wrongful death claims:
No two wrongful death cases ever share exactly the same particulars, but there are certain types of negligence-based accidents that are often at the root of these cases, including:
Wrongful death cases are tragic cases that are also exceedingly complicated. The compassionate, experienced, and resourceful wrongful death attorneys at Bogaards Law in San Francisco are committed to skillfully advocating for your case’s most beneficial resolution. Although nothing can bring your loved one back to you, obtaining the compensation to which you are entitled can help you and your family recover more fully. Your case is important, so please don’t hesitate to contact us for a free consultation today.
Employee in a tech start-up makes a whistleblower claim regarding misuse of Facebook manager.
Woman falls leaving a doctor’s office in SF. Suffers a complex ankle fracture. Liability is hotly contested. No wage loss.
Customer trips and falls in parking garage. Suffers trimalleolar ankle fracture with surgery. Medical specials are $37,500. No wage loss.
Pedestrian gets hit by commuter bus making a right turn. Suffers a Lisfranc ankle injury with surgery. Medical bills were under $50,000. No wage loss.
Speeding on a rented motorcycle after the Gay Pride Parade, plaintiff was hit by a Jeep making a left on Mission Street in San Francisco. Both sides’ accident reconstruction experts agreed that if plaintiff had been going the speed limit, the accident could have been avoided. Plaintiff suffered multiple pelvic fractures and underwent three surgeries. Her medical specials were $185,000. She had no wage loss claim as a Lt. Firefighter.
Motorcyclist gets cut off by left-turning van in Capitola. Suffers below-knee amputation. Within one month of signing on with Bogaards Law, motorcyclist received a $250,000 advance from the defendant’s insurance company.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
Partial finger amputation of 8-year-old boy with comparative fault.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places. Unfortunately, due to Alzheimer’s and life-threatening health issues, the plaintiff was unable to appear for his deposition or litigation past mediation.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar. Liability was hotely contested.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
Almost 40 years of professional excellence
My mediation appointment with Ms. Bogaards was more than interesting as it was conducted exclusively by phone due to the health crisis. Despite this, it went smoothly and productively. The case settled within the allotted time frame due largely in part to Ms. Bogaards persistence but also her vast experience in personal injury work. It was obvious her defense and plaintiff’s background gave her credibility with both parties. All in all, it was all a very positive experience for a first-time use. She was prepared and knew the flash points needed to get this settled. It took time but it was due to the parties obstinance, which she dealt with professionally and civilly. I’ve known Ms. Bogaards over the years from having litigated with her in her role as a defense attorney. I thought this case was perfect for a Mediator with a defense background that also does plaintiff’s work, as she does. I was very impressed with her grasp of value as regards a plaintiff’s case. She was spot on regarding the values and issues. I would not hesitate to use her again and recommend her as a Mediator to all plaintiff’s attorneys who view her strictly as a former defense attorney. She is way more than that; very efficient, there was no wasted time.
Debra Bogaards is one of the most thorough, skilled and aggressive litigators in the Bay Area. She protects her clients and their interests like a mama bear to her cubs. I speak both as a client for whom Ms. Bogaards achieved an incredible result, and as a colleague who has worked beside Ms. Bogaards and has seen her diligence and thought process. Here skillset and tremendous presence and command, regardless of the forum, makes for a most fierce litigator. Ms. Bogaards is always my first recommendation to clients and friends seeking to protect their legal rights relating to personal injuries.
Look no further. Debra is an amazing lawyer and very thorough at her job. About a year ago, we came into contact with Debra because we were being harassed and kicked out by our landlord. Out of 5 lawyers we called Debra was the only one to answer and help us out immediately. The first time we called, her amazing assistant Rachel answered and began asking me questions in order to understand our case. She immediately began the process and before we knew it, we had a meeting with Debra. Debra is beyond amazing at her job. She is professional and knowledgeable in her profession. Apart from being a great lawyer, she is a caring person. We were going through a stressful time but Debra and her assistants, Rachel and Chelsea all made us feel welcomed and helped us forget for a moment the horrible landlord we had. Debra, Chelsea, and Rachel are outstanding and work together as an amazing team. We were beyond satisfied with the results we received and glad we chose Debra to represent us. We would recommend Debra in a heartbeat. She is unbelievably amazing in her profession and as a person.
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