Personal injury lawsuits arise when an individual’s injuries are caused by the negligence of another party. When a person sustains injuries so severe that it causes their death, they cannot file a personal injury lawsuit. Instead, under the California Code of Civil Procedure §377.60, family members or a personal representative of their estate can file a wrongful death lawsuit on their behalf with the help of a seasoned San Francisco wrongful death attorney.
Since the deceased person is not alive to file a personal injury lawsuit on their own behalf, California law must dictate who can file one for them. If you want to file such a lawsuit for a family member who died, it is best to consult with an experienced San Francisco wrongful death lawyer who can help you determine who has the right to file the lawsuit.
California law states that the following people can bring a wrongful death case:
If none of these people exist or are alive, then a wrongful death lawsuit may be filed by anyone who would be entitled to the decedent’s property by intestate succession. This could include the deceased person’s parents or the deceased person’s siblings.
In addition, if they can show they were dependent on the deceased person’s financial support, the following people can also file a wrongful death lawsuit in California:
The law limits the amount of time all personal injury plaintiffs have to file their claim, and the same is true for wrongful death cases. Known as the statute of limitations, this law helps ensure that the outcome of the lawsuit is just in that it arose from recent evidence. In California, wrongful death cases must be filed within two years from the date of the death in question.
If no eligible parties file a wrongful death case within the two-year deadline, they will no longer have a valid claim. Even if they file their case, it will more than likely be dismissed by the court because of the expired statute of limitations. It is imperative that you contact an attorney as soon as possible after the death of a loved one to ensure you have time to exercise your potential legal rights.
If you recently said your final goodbyes to a loved one believing that their death was the result of someone else’s negligence, reach out to a compassionate wrongful death lawyer in San Francisco. An attorney from our firm can help you determine if you have a case, and if so, which parties should file the claim. We can also explain what damages you could claim and what your case might be worth. To schedule your case consultation, contact Bogaards Law Trial Attorneys via phone or use our online contact form.
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.
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.
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.
Over 35 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.
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