Privacy Statement
Privacy Statement
As of December 12, 2019, this privacy statement has been updated to include language that applies to citizens of the European Economic Area.
The purpose of this privacy statement is to provide transparency regarding the information we may collect about you via www.bogaards.law. Reading the entire statement carefully is recommended. We maintain compliance with privacy legislation requirements, including:
- Disclosing the purpose of processing your personal data. This privacy statement is how we disclose this purpose.
- Limiting personal data collection to only the information required for our purposes.
- When consent is required to process your personal data, we will request your explicit consent before doing so.
- Ensuring that proper security measures are observed to protect personal data by our employees and any parties that may process data on our behalf.
- Acknowledging and respecting your right to access, correct, or delete your personal data when requested.
If you have any questions about the personal data we collect, please contact us.
- Data Used, Purpose, and Retention
1.1 Personal data is used for the following purpose:
Contact – Via telephone, email, mail and/or web-based forms
The data used for this purpose includes:
- Name
- Telephone number
- Email address
- Address and City
These data may be processed on the basis of:
Execution of an agreement
Retention
This data will be retained until the service is terminated.
1.2 Personal data is used for the following purpose:
Collecting and Processing Payments
The data used for this purpose includes:
- Name
- Telephone number
- Email address
- Address and City
- Financial Data
These data may be processed on the basis of:
Execution of an agreement
Retention
This data will be retained until the service is terminated
1.3 Personal data is used for the following purpose:
New account registration
The data used for this purpose includes:
- Email Address
- Username, Password, and any other account-specific information
These data may be processed on the basis of:
Execution of an agreement
Retention
This data will be retained until the service is terminated.
1.4 Personal data is used for the following purpose:
Delivery of Newsletters
The data used for this purpose includes:
- Email Address
These data may be processed on the basis of:
Expressed consent
Retention
This data will be retained until the service is terminated.
1.5 Personal data is used for the following purpose:
Support for products or services a customer has purchased or intends to purchase
The data used for this purpose includes:
- Name
- Address and City
- Email Address
- Username, Password, and any other account-specific information
These data may be processed on the basis of:
Execution of an agreement
Retention
This data will be retained until the service is terminated.
1.6 Personal data is used for the following purpose:
Website Performance Analysis
The data used for this purpose includes:
- User behavior. This may include browsing and search history, geolocation data, and information relating to the use of a website, application, or advertisement.
These data may be processed on the basis of:
Execution of an agreement
Retention
This data will be retained for a period of 12 months after the service is terminated.
- Sharing of Personal Data
2.1 Your personal data is not shared with any third parties
2.2 When required by law or court order, we may disclose personal information to law enforcement agencies as permitted and/or required by law for the purpose of providing information or as part of an investigation.
- Use of Cookies
3.1 Cookies are used on our website. Cookies are small files associated with webpages and stored on your hard drive by your browser when you interact with the page. The information in that file may be recalled by our servers or the servers of relevant third parties upon future visits.
For more information on how we use cookies, please click here: www.bogaards.law/cookie-policy-us/
- Do Not Track Signals
4.1 Use of the Do Not Track (DNT) header field is supported by our website. When DNT is activated, your preferences are communicated to us and your browsing behavior will not be tracked.
- Security
5.1 Maintaining the security of your personal data is a top priority for us, and to that end we take all steps necessary to limit opportunities for abuse of, or unauthorized access to, your personal data. This includes restricting access of your data to necessary persons only and regularly reviewing our security measures.
- Third Party Websites
6.1 Third party websites connected to our site by links are not covered by this privacy statement. It is not possible for us to guarantee or fully disclose how these third parties may use or collect your personal data. It is recommended that you read the privacy statements of these websites before using them.
- Amendment
7.1 We reserve the right to amend this privacy statement at our discretion and as required by changes in law. Regularly reviewing this privacy statement is recommended in order to be aware of potential amendments. When appropriate or required, we will notify you of changes to this statement.
- Access to and Modification of Data
8.1 If you have questions about the personal data we have collected from you, please contact us using the information below. Please be sure to state your identity clearly when contacting us. When necessary or appropriate, and when allowed by law, we may require verification that you are the person making the request and that we are modifying or deleting the correct person’s information.
8.2 You have the right to know what personal information is being collected, why it is collected, what will happen to that information, and how long it may be retained. You have the right to know:
- The category of personal information being collected.
- The category of sources from which the information was collected.
- The purpose for which the data was collected.
- The categories of third parties who may have access to the data.
- The specific personal information that has been collected.
8.3 You have the right to know if your personal information is being used by, disclosed to, or sold to third parties, and the identity of those third parties. If your information is being sold or disclosed to third parties, you have the right to request that they inform you of:
- The category of any personal information being collected, sold and/or disclosed.
- The category of third party to whom information is sold. The category of information sold must be disclosed for each third party to whom information is sold.
8.4 Exercising your privacy rights will not affect your right to equal service and prices. Consumers will not be discriminated against for exercising their privacy rights. Prohibited discrimination includes, but is not limited to:
- Denying goods or services
- Charging different prices or providing a different level of service or quality of goods than that received by other consumers, including through the use of discounts and benefits.
- Implying or suggesting that the consumer will receive a different price, quality of goods, or level of service.
Charging different prices or rates, or providing a different level of service or quality of goods, is permitted if it can be shown that the value provided to the consumer is reasonably related to the consumer’s data.
8.5 You have the right to access your personal data that we collect, and request that your personal data be modified or deleted. When a valid request to delete data is received, the data will be deleted from our records and any service providers with access to that data will be directed to remove it from their records as well.
8.6 You have the right to correct, modify, supplement, or block your personal data. If consent was given to collect or use personal data, you may revoke that consent at any time. You also have the right to request a complete record of your personal data and transfer that record in whole to another controller.
8.7 Under certain circumstances, a business may not be required to comply with a consumer request to delete personal data if the data is deemed necessary to:
- Complete a transaction, provide goods or services, or execute a contract between the business and consumer for which the information was collected.
- Maintain security and protect against activity that may be deceptive, malicious, fraudulent, or illegal.
- Detect, debug, or repair errors in intended functionality
- Protect or exercise our right or another consumer’s right to free speech or any other right provided by law.
- Ensure compliance with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Pursue historical, scientific, or statistical research that complies with all ethical and legal standards and which would be unsuccessful or severely impaired if the data is deleted, as long as informed consent was given to collect the data.
- Satisfy reasonable expectations that the consumer may have based on their relationship with the business, as long as the use is internal and restricted to this purpose.
- Meet legal obligations.
- Complete any internal process or action related to the context in which the data was collected, given that the use of the data meets all other legal requirements.
- Disclosure and Selling of Your Data
9.1 We have not sold or disclosed your personal information to any third parties within the preceding 12 months.
- Complaints
10.1 If you have a complaint or dispute regarding the handling of your personal data, you have the right to submit a complaint to the appropriate Data Protection Authority for your country or region.
- Children
11.1 Our website is not intended or designed to attract children and we do not intentionally collect personal information from any user who is under the legal age of consent in the country where they reside. We request that users under the age of consent do not submit personal data to us in any form.
- Contact Information
[Company Name]
[Address]
[Website]
[Email]
[Phone Number]
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.
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.
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.
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.
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.
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.
Confidential/Pre-Litigation
Partial finger amputation of 8-year-old boy with comparative fault.
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.
Confidential Settlement
Woman falls leaving a doctor’s office in SF. Suffers a complex ankle fracture. Liability is hotly contested. No wage loss.
Confidential Settlement
Employee in a tech start-up makes a whistleblower claim regarding misuse of Facebook manager.
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.
Ocegueda v. Hoffman
Wrist fracture arising out of pedestrian/auto accident, no surgery.
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.
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.
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.
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.
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.
Retsky v. Ride Share Company
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
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.
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.
Guttman v. Hyndman
2016 – Ms. Guttman had a head-on collision, and suffered a sprained right ankle with surgery.
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.
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.
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.
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.
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.
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.
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.