If you have suffered the unexpected loss of a family member, you will have many questions about what happened. A wrongful death case cannot always answer all these painful questions. It can, however, help to bring negligence to light and hold negligent individuals and companies accountable for their dangerous conduct. Our experienced wrongful death attorneys here at Bogaards Law have helped many grieving San Francisco families investigate unexpected deaths and hold defendants accountable for their negligence.
The following are a few of the most common types of wrongful death cases.
With some of the busiest roads in the nation, auto accidents are tragically common in California. Far too many of these auto accidents result in death. When this happens, the victim’s family or next of kin has the right to sue for wrongful death. This lawsuit can be against a negligent driver who caused the accident, a transportation company that employed a dangerous truck driver, or the manufacturer of a defective vehicle that caused the fatal accident.
There are many different types of motor vehicle accidents that can result in death. Truck accidents are especially dangerous for occupants of smaller vehicles because the smaller vehicle absorbs the full force of impact created by a large, heavy truck. Auto accidents are also particularly dangerous for motorcycle riders, bicyclists, and pedestrians. These road users have little (if any) protection from the force of impact. While vehicle occupants have seat belts, airbags, and a steel frame to shield them during a collision, other road users might only have a helmet to protect them. Pedestrians often have no protection at all.
Older adults and people who need a high level of care are some of the most vulnerable of all California residents. Residents of assisted living centers, nursing homes, and other care facilities are often dependent on their caregivers for the most basic of daily needs. When nursing home staff abuse residents, or neglect their needs, it is important to hold them accountable for their misconduct. This prevents future innocent victims from being abused and neglected while residing at a care facility.
If nursing home abuse or neglect results in the death of a resident, surviving family members have the right to bring a wrongful death action. This can be against the facility itself, individual staff members, or medical professionals who committed malpractice.
If your family member or loved one has died as a result of negligence, you might be entitled to bring a wrongful death claim against the person or company who caused the death. This is a critical step toward protecting other victims from preventable deaths. Without accountability, defendants will continue acting negligently, and place other innocent victims at risk of serious injury or death. At Bogaards Law, we fight hard to hold negligent defendants accountable for causing preventable deaths. Contact us today to schedule a consultation with one of our skilled wrongful death attorneys.
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.
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.
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.
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.
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.
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.
Partial finger amputation of 8-year-old boy with comparative fault.
Customer trips and falls in parking garage. Suffers trimalleolar ankle fracture with surgery. Medical specials are $37,500. No wage loss.
Woman falls leaving a doctor’s office in SF. Suffers a complex ankle fracture. Liability is hotly contested. No wage loss.
Employee in a tech start-up makes a whistleblower claim regarding misuse of Facebook manager.
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.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
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.
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.
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.
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.
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.
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.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
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.
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.
2016 – Ms. Guttman had a head-on collision, and suffered a sprained right ankle with surgery.
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.
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.
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.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Almost 40 years of professional excellence
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.”
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.