Oakland Wrongful Death Attorney
Oakland Wrongful Death Attorney
Perhaps the only thing more devastating than losing a loved one is when the loss is caused by another’s negligence. Compounding the tragedy are the unforeseen financial complications such as medical bills, funeral costs, and loss of support. Our Oakland wrongful death attorneys understand the hardships that follow the death of a loved one, and we can help stabilize your emotional, physical, and financial health.
Who Can File a Wrongful Death Lawsuit?
Only certain people qualify to file a wrongful death lawsuit for a family member or loved one. Refer to the California Code of Civil Procedure if you wish to see the guidelines in great detail.
According to the code, these people are allowed to file a wrongful death lawsuit.
- Surviving spouse
- Domestic partner
- Children of the deceased
Other parties can file for damages if any of the above people do not exist. These parties include the following:
- Putative spouse and children
- Other dependants of the deceased
- Stepchildren
- Parents of the deceased
Multiple parties can sue for wrongful death, but the law only permits one wrongful death lawsuit per death. For example, a decedent’s children and parents can not file separate lawsuits, but they can file together.
What Constitutes a Wrongful Death in California
We can work to recover damages if your loved one died as a result of someone’s negligence. Examples of negligence may include any of the following:
- Fatal transportation accidents: Any accident involving vehicles, semi-trucks, delivery trucks, tractor-trailers, 18-wheelers, aviation, boats, motorcycles, bikes, and pedestrians.
- Nursing home neglect
- Defective products
- Workplace deaths
- Fatal slip and fall accidents
If you have questions about whether your situation constitutes a wrongful death, reach out to our team now.
What Compensation is Available in a Wrongful Death Lawsuit?
Compensation in a wrongful death lawsuit covers medical costs and practical losses, among other considerations. It also varies from case to case as each suit is different. Typically, however, the following factors are used to calculate damages.
- Accident Expenses: Includes any costs relating to an accident that resulted in the victim’s death.
- Medical Expenses
- Funeral Costs
- Economic Damages: Any expense or loss of income brought about by the wrongful death of a loved one.
- Non-Economic Damages: Compensation may be awarded for emotional damage incurred from the victim’s death. Pain and suffering and loss of companionship are common examples of pain and suffering. The State of California does not put a limit on compensation for emotional damages, except in the case of medical malpractice suits.
Contact an Oakland Wrongful Death Attorney for Help
The death of a loved one causes unimaginable pain. While we know that compensation from a wrongful death lawsuit won’t make up for your loss, we hope compensation may aid in the closure of this tragic event. Our goal is to help provide you with physical, emotional, and financial stability in the years to come.
In California, the statute of limitations term to file a wrongful death lawsuit is two years, so don’t delay. Contact Bogaards Law now to schedule a consultation. Our experienced team helps victims of wrongful death in Oakland receive the damages they deserve.
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.