Wrongful Death

Difference Between Wrongful Death and Survival Actions in Southern California

May 20, 2021 | Gregory J. Brod

No one should have to lose a loved one as a result of the negligent, or careless, actions of another person. When someone dies because of someone else’s negligent behavior, family members often know they can file a wrongful death lawsuit against the individual to secure certain damages. However, many people are surprised to learn there is another type of claim they can file known as a survival action. So, what is the difference between a wrongful death claim and a survival action?

Wrongful Death Claims in Southern California

California law allows surviving spouses, partners, children, and grandchildren of the deceased to file a wrongful death lawsuit. The damages sought in wrongful death actions are intended to compensate surviving loved ones for their losses. These may include:

What is a Wrongful Death in California?

February 8, 2021 | Gregory J. Brod

Accidents can happen in an instant, and when they do, they can be tragically fatal for accident victims. After a fatal accident, surviving family members are left grieving one of the worst kinds of losses. In addition to the grief loved ones feel during this time, they are also left with costs related to their loss, including funeral and burial costs, loss of services, loss of companionship, and more.

Surviving loved ones can file a wrongful death claim to recover compensation for these losses, but wrongful death claims are some of the most complex to file. A San Francisco wrongful death lawyer can help family members overcome the obstacles these claims present so they receive the full damages they deserve.

What is Wrongful Death?

Avoid These Mistakes in Your Wrongful Death Claim

February 28, 2020 | Gregory J. Brod

Losing a loved one is always extremely difficult, particularly when it is due to someone else’s negligence. While dealing with your grief, you and your family will likely reminisce, cry over your loss, and laugh about the memories you cherish of your loved one. As your family comes together during an extremely emotional time, you will face situations you never have before.

Due to this, it is important to know some of the most common mistakes to avoid that could negatively interfere with any wrongful death claim you may file in the future. Below are some of the most common mistakes people make when filing a wrongful death claim.

Fighting Within the Family

What is the Difference Between Wrongful Death and a Survival Action?

September 25, 2019 | Gregory J. Brod

If you have lost a loved one due to the negligence of someone else, you may be able to file a wrongful death claim, a survival claim, or both. Wrongful death and survival claims are similar to each other, but they also have distinct differences. It is important to understand what these are, so you know what you and your family are entitled to under each. No matter which type of claim you are filing, each has its own complexities. For this reason, it is important to speak to a San Francisco wrongful death attorney before filing a claim.

Wrongful Death

The California Code of Civil Procedure, Section 377.60 allows personal representatives of a deceased’s estate to file a wrongful death claim. The personal representative is either outlined in the deceased’s will, or is the deceased’s surviving spouse, child, or other family member.

California Transit Bus Causes Fatal Accident

February 16, 2018 | Gregory J. Brod

In early February, an Alameda-Contra Costa (AC) Transit bus collided with a vehicle before striking a home in Berkeley. The bus, traveling west on Ashby Avenue, struck a red sedan driving south on California street. Both vehicles then careened into another parked vehicle and nearby home. The driver of the red sedan was killed in the crash. The bus driver and one passenger on the bus were not harmed. It is unclear what caused the accident and the Berkeley Police are investigating.

Why Bus Accidents Happen

Bus accidents are like any other type of car crash; they occur for many of the same reasons. One of the most common causes is bus driver error. Despite specific training, a bus driver can be careless or reckless behind the wheel, leading them to make dangerous mistakes. They could speed, tailgate, change lanes inappropriate, and make other reckless maneuvers. Drivers could be distracted by passengers on the bus, their cell phones, or a host of other things. Worse yet, a driver could work while impaired due to drugs or alcohol.

Brius Healthcare Services in California Facing Another Wrongful Death Lawsuit

February 2, 2018 | Gregory J. Brod

Another wrongful death lawsuit has been brought against Brius Healthcare Services for the negligent care provided at its Granada Rehabilitation & Wellness Center. The suit alleges that an elderly patient, Jeanette Sharp, died after the staff at Granada allowed a significant amount of fecal matter to build up in her colon. According to reports, physicians removed up to four liters of fecal matter, some of which was spilling into the patient’s abdominal cavity and had reach the exit of Sharp’s stomach. By the time the patient received surgical intervention on April 4, 2017, the situation was dire. Sharp passed away the same day of the procedure.

Granada Staff Allegedly Provided Negligent Care

The lawsuit filed against Brius Healthcare Services states that the staff at Granada failed to monitor Sharp’s bowel movements. Sharp had dementia and was likely unable to self-monitor. Over an extended period of time without bowel movements, the fecal matter accumulated and filled Sharp’s digestive system.

California Workers Killed During Wildfire Debris Removal

December 22, 2017 | Gregory J. Brod

The Rancho Adobe Fire Protection District responded to an accident at Central Landfill near Petaluma on Friday, December 15 around 6 p.m. A truck driver, Ezekiel Jackson Sumner Jr., was struck and killed by his truck. The Sonoma County Sheriff’s Office stated Sumner was found underneath his truck on top of a compost pile at the landfill.

Sumner had been working for a subcontractor of the U.S. Army Corps of Engineers, AshBritt Environmental, removing debris from wildfire sites in Napa, Sonoma, Mendocino, and Lake counties. At the time, he was dropping off debris that he had gathered from wildfire sites and had left the truck idling. Another worker found the truck in gear, which had backed up into its own trailer and pinned Sumner.

The California Highway Patrol, Army Corps of Engineers, and Cal-OSHA are conducting individual investigations into the incident. It has been reported that Ash Britt has violated safety regulations in the past, however it is currently unknown whether any violations took place preceding or during this incident.

San Pablo Hit-and-Run Crash Kills Four, Injures Six

December 1, 2017 | Gregory J. Brod

On Saturday, November 25, four individuals were killed in a hit-and-run accident on I-80 in San Pablo, California. The collision was sizable, involving five vehicles and blocking all westbound lanes off I-80. The four individuals killed were a family from Napa Valley and included Daryl Horn, an active community member. The only Horn family member to survive the accident was Daryl’s eldest son. In addition to the four individuals killed in the crash, six others were injured.

The accident took place when Fred Lowe, 47, hit the Horn family’s Nissan sedan, which flipped over and crashed into oncoming traffic. Lowe was arrested later that night when he was involved in a second crash. Authorities reported that Lowe was intoxicated at the time and was driving on a suspended license due to a previous DUI. Lowe has been charged with four counts of felony hit and run, a felony DUI, and driving on a suspended license.

The Criminal and Civil Aspects of the Accident

California Wildfires Take Teen’s Life

November 3, 2017 | Gregory J. Brod

Kressa Shepherd, 17, passed away at the end of October due to burns she sustained from the wildfires that swept into Mendocino County, California. Kressa and both of her parents were badly injured by the wildfire, with burns covering a great deal of their bodies. Kressa suffered burns over more than 60% of her body. Her parents, Sara, 40, and Jon, 44, remain hospitalized. They have gone through several surgeries and will require a great deal more medical care in the months to come. Her brother was killed in the wildfire. With Kressa’s passing, the California wildfires in October have taken 43 lives.

Determining Responsibility for the California Wildfires

Responsibility for the California wildfires has yet to be determined. However, major utility company PG&E is under investigation by California’s Public Utilities Commission (PUC) for the blazes that devastated large portions of the state, including a great deal of the famed Wine Country. PUC is looking into whether PG&E’s maintenance, or lack thereof, of its equipment in Sonoma and Napa counties caused or played a role in the fires. Regulators are particularly interested in whether a lack of vegetation-related maintenance was an issue, such as not cutting back trees, bushes, and other plants.

San Francisco Bus Crash Leads to Injuries

October 2, 2017 | Gregory J. Brod

In late September, two Alameda-Contra Costa (AC) Transit buses collided near Howard and Fremont streets in San Francisco just before 9:30 in the morning. AC Transit officials stated that both buses exited I-80, heading north on Fremont. The buses were supposed to turn right onto Folsom. The first made the turn, and the second bus appears to have lost control before doing the same. The second bus collided with multiple vehicles before driving onto a sidewalk and stopping once it collided with the scaffolding of a building. Initial reports from passengers and pedestrians who stopped to help state that the driver appeared to have lost consciousness just before the incident. Four individuals, including at least one of the drivers, were injured and taken to nearby hospitals. It also appears that a fifth person was injured and took themselves to the emergency room.

It is likely these individuals will need to file insurance claims or lawsuits to recover compensation for their injuries. If you have been hurt in a bus or public transportation accident, do not hesitate to seek legal advice regarding your rights and legal options. At Brod Law Firm, we are ready to help you recover the compensation you deserve under the law and need to move forward with life.

Bus Accident Statistics