Belmont Personal Injury Attorney
Belmont Personal Injury Attorney
Personal injury law is an important area of the law that addresses injuries incurred as a result of someone else’s negligence. Personal injury law tends to focus on injuries that are sustained in traffic accidents, in accidents caused by inadequately maintained properties (premise liability claims), as a result of defective consumer goods (product liability claims), and in accidents on the job (workers’ compensation). If you have been injured as a result of someone else’s negligence, address the matter head on by consulting with an experienced Belmont personal injury attorney today.
Duty of Care
Personal injury law is based on negligence – in relation to duties of care. For example, motorists owe everyone else on the road the duty of care of driving in accordance with the rules of the road; property owners and managers owe their patrons the duty of care of maintaining their properties in reasonably safe condition that allows for safe passage, and employers owe their employees the duty of care of providing reasonably safe work environments. When any one of these is negligent in their duty of care, dangerous accidents that initiate personal injury claims can happen.
The Elements of a Personal Injury Claim
In order to prevail in your wrong personal injury claim, you must be able to demonstrate that all of the following pertain:
- The at-fault party owed you a duty of care, such as other motorists do.
- He or she was negligent in this duty, such as distracted drivers are.
- His or her negligence was the direct cause of your injuries. An example is a driver who, because of smartphone distraction, rear-ends you at a stoplight and leaves you with a spinal cord injury.
In other words, it’s not enough that the other party was negligent in his or her duty of care or that you were injured – instead, the two must be directly linked.
Your Damages
If you’ve been injured as a direct result of someone else’s negligence, the damages you’ve incurred can be significant, including:
- Lost Wages – A serious injury can leave you off the job for an extended period, which can translate to lost wages just when you can afford them least (as medical bills continue to mount). If your injuries are very serious, you could be looking at diminished earning potential into your future.
- Medical Costs – The medical bills associated with a personal injury claim can begin with emergency treatment at the scene and move forward to surgery and hospitalization, doctor care, follow-up care, physical therapy and rehabilitation, adaptive physical equipment, and much more.
- Pain and Suffering – The physical and emotional pain and suffering associated with a serious injury can be difficult to surmount.
Turn to an experienced Belmont Personal Injury Attorney for the Help You Need
Someone else’s negligence caused you to be injured, and that’s difficult to face. The dedicated Belmont personal injury attorneys at Bogaards Law know what you’re going through and are committed to helping you obtain a just case resolution that addresses your damages in their entirety. Your rights matter, so please don’t hesitate to contact us for a free consultation today.
Case Results
Morales v. PG&E
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.
Wrongful Death
CASE RESULT
Confidential - One of the highest settlements in history
Cardarelli v. Encompass Community Services
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.
Personal Injury
CASE RESULT
$8,350,000 Settlement
Avila v. Nicer
Pedro Avila was walking in a marked crosswalk, when a car took a left turn in Potrero Hill, and hit him. He suffered a broken right leg. The settlement included the $100,000 policy limits and $100,000 cash out of pocket from the motorist.
Personal Injury
CASE RESULT
$200,000 Settlement
Felguth v. Epstein
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.
Personal Injury
CASE RESULT
$800,000 Settlement
Pedestrian v. Auto
2019 – A petite 84 y.o.woman crossed in the middle of the street in dark clothing to go to the grocery store at night. She was hit by a car and died instantly.
Wrongful Death
CASE RESULT
$775,000 Settlement
Wilson v. Minitransport Co.
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.
Personal Injury
CASE RESULT
$675,000 Settlement
Confidential/Pre-Litigation
Partial finger amputation of 8-year-old boy with comparative fault.
Personal Injury
CASE RESULT
$580,000 Settlement
Baca v. Pickwick Hotel (YHB) and Garage (NBPS)
Customer trips and falls in parking garage. Suffers trimalleolar ankle fracture with surgery. Medical specials are $37,500. No wage loss.
Personal Injury
CASE RESULT
$500,000
Confidential Settlement
Woman falls leaving a doctor’s office in SF. Suffers a complex ankle fracture. Liability is hotly contested. No wage loss.
Personal Injury
CASE RESULT
$465,000 Settlement
Confidential Settlement
Employee in a tech start-up makes a whistleblower claim regarding misuse of Facebook manager.
Employment
CASE RESULT
$450,000 Settlement
Wolter v. Marzolf Bros and Martin Flores Drywall
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.
Personal Injury
CASE RESULT
$343,000 Settlement
Ocegueda v. Hoffman
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Personal Injury
CASE RESULT
$270,000 Settlement
Tashjian v. U.S.F.
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.
Personal Injury
CASE RESULT
$250,000 settlement plus a pair of season tickets to U.S.F. men’s basketball
Dempsey v. Stone
2014 – Mr. Dempsey was on his bicycle when he was hit by a car leaving the golf club. Liability was hotly contested. He suffered a broken right hand and cervical fractures.
Personal Injury
CASE RESULT
$250,000 policy limits
Hiskes v. DoubleTree Hotel
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.
Personal Injury
CASE RESULT
$225,000 Settlement
Gutierrez-Hermasillo v. Martindale Ranch
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.
Personal Injury
CASE RESULT
$157,000 Settlement
Kintis v. Barbieri
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.
Wrongful Death
CASE RESULT
$150,000 Settlement
Wright v. Apple Inn
2016 – Two sisters were exposed to carbon monoxide poisoning from a faulty wall heater in a hotel that didn’t have a carbon monoxide detector. They needed 28 hours of treatment, including oxygen. Medical bills were less than $10,000.
Personal Injury
CASE RESULT
$100,000 Settlement
Retsky v. Ride Share Company
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
Personal Injury
CASE RESULT
$99,000 Settlement
Confidential Bus Case
2017 – An 86 y.o. lovely woman got on the MUNI bus, and the driver took off before she was seated. She fell and suffered a low back injury. She has a significant past medical history. Her medical bill was a mere $6,000.
Personal Injury
CASE RESULT
$90,000 Settlement
Gamba v. Wanaselja
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.
Personal Injury
CASE RESULT
$75,000 Settlement
Guttman v. Hyndman
2016 – Ms. Guttman had a head-on collision, and suffered a sprained right ankle with surgery.
Personal Injury
CASE RESULT
$75,000 Settlement
Maimes v. Szaebo
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.
Employment
CASE RESULT
One year of wages, less mitigation, for $70,000
Student v. Student
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.
Sexual Molestation
CASE RESULT
Confidential Settlement
Student v. School Teacher
Disputed sexual molestation of high school male student by female teacher at private school.
Sexual Molestation
CASE RESULT
Confidential Settlement, including money as well as adjustment of grades and schools for admission to college.
Jane Doe v. Tech Company
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.
Employment
CASE RESULT
Pre-litigation mediation. Settled for almost 3 years' salary.
Woodward v. La Mariposa
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 RESULT
Confidential Settlement
Mills v. Alma Via
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.
Elder Abuse
CASE RESULT
Confidential Settlement
Morales v. PG&E
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
CASE RESULT
Confidential Settlement
Tjaden v. Campbell
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Personal Injury
CASE RESULT
Prelitigation settlement for $100,000 policy limits and $15,000 cash contribution by driver
AWARDS & RECOGNITION
Almost 40 years of professional excellence
Testimonials
What our clients are saying about us
The Hastings Community Justice Clinic represented a plaintiff in an employment case that Ms. Bogaards successfully mediated in
April 2022. Professor Goishi stated about her experience with Ms. Bogaards:
“We (plaintiff and his representatives) greatly appreciated Ms. Bogaards’ optimism and enthusiasm for the mediation process. This set a very positive tone and framing for the mediation itself. We also appreciated that she was a great listener, and welcomed hearing background information and emotional content that is present in most disputes, but that is often glossed over or ignored. She also did a great job of reality-checking, gently telling us about the potential weaknesses in our case. Finally, we thought it was great that she reminded us that a successful mediation will be one where both parties are unhappy. This was a great reminder of the nature of compromise. She also reiterated the upside of settling, as opposed to taking our chances with proceeding with the litigation — helpful to remind the parties about the risks of proceeding.”
U.C. Hastings Professor Miye A. Goishi of the Hastings Community Justice Clinic
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.
Don K.
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.
Joshua R.
Let's Talk!
Please contact Bogaards Law to discuss your case. We welcome your phone call or email.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis.