San Francisco wrongful death law firm

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:

Settlement Reached in Case of Death of Girl at Camp

October 15, 2016 | Gregory J. Brod

The family of a 13-year-old girl who suddenly and tragically died after an allergic reaction brought on by consuming a snack containing peanut butter have settled their suit against the City of Sacramento and Camp Sacramento for several million dollars. According to the suit, the girl went into anaphylactic shock after consuming a Rice Krispies treat that contained peanut butter. According to the suit, the peanut butter had been mixed in with the other ingredients so that it would not have been noticeable by sight or by taste. There was also no warning label placed near the treats that would have alerted someone that peanut butter was present in the snack.

Settling Wrongful Death Cases is a Heart-Wrenching Experience

News reports do not disclose the reason the family decided to settle their case against the city. Nonetheless, the decision to settle any personal injury case – especially one involving the sudden death of a loved one – is not a decision many plaintiffs enter into lightly. By settling, plaintiffs may feel as if they are somehow letting the responsible party “off the hook” or allowing them to escape full accountability for their actions. However, settling a case may make sense when:

A Matter of Trust: Medical Malpractice Law in California and Other Claims Against Medical Providers

July 22, 2016 | Gregory J. Brod

Trust is a fundamental part of almost all human relationships. We trust that our spouse will be loyal, that our mechanic will be capable, and that other drivers will follow the rules of the road. Perhaps there is no relationship in which trust is so important as that between a patient and a doctor. We put our health and our lives in their hands, as well as the well-being of our children, because we believe they have adequate training and will remain true to their oath to do no harm. Sadly, as our San Francisco wrongful death lawyer knows all too well, sometimes things go horribly awry. While not every negative outcome is cause for a lawsuit, when medical providers fail to adhere to a proper standard of care and the result is harm to the patient, a medical malpractice lawsuit, wrongful death, or another civil claim may be appropriate.

Tragic Death of a Young Girl Following Dental Procedure in San Ramon

While it is far too early to know what went wrong and if someone is legally at fault, a tragedy occurred at a Northern California dental office last weekend. According to SFGate.com, a three-year-old girl died last Saturday following a dental procedure at a medical office in San Ramon. Emergency responders were called to the office around 10 AM on Saturday when someone reported that the child had stopped breathing following treatment. The girl was taken to San Ramon Regional Medical Center where doctors pronounced her dead. It is not known whether the child was under anesthesia nor do officials know the nature of the dental procedure performed that morning. Medical and fire personnel declined to release details or comment on the case citing patient privacy laws.

Safety and Justice: Northern California Accident Attorney Examines What Causes Fatal Car Accidents

May 25, 2016 | Gregory J. Brod

According to the California Office of Traffic Safety, 3,074 people died in traffic-related incidents in California in 2014. As far as our San Francisco car accident lawyer is concerned, that is 3,074 deaths too many. At the Brod Law Firm, we represent people left grieving after a family member dies in a fatal car accident in the San Francisco Bay Area region or anywhere in Northern California. We are also dedicated to providing our readers with information to help them stay safe. We know about the tragedies that can stem from a car accident and we want to do everything in our power to prevent those tragedies.

Study Focuses on Causes of Traffic Fatalities by State

If we want to prevent fatal car accidents, we need to know what causes them. Last year, the journal Business Insider looked at this very question. The report relies on a study conducted by the Auto Insurance Center, an insurance information website, that reviewed all fatal car accidents recorded by the National Highway Traffic Safety Administration’s information systems from 2009 to 2013 to determine what dangerous behaviors caused the highest number of fatal accidents in each state. For purposes of the study, the researchers included pedestrian, passenger, and driver fatalities.

The Deadly Cost of Driving Under the Influence of Alcohol or Other Drugs

May 3, 2016 | Gregory J. Brod

Impaired driving, whether due to alcohol or other drugs, kills. We all know this long before we are old enough to step behind the wheel. Yet, for reasons we’ve never truly been able to understand, people continue to choose to drive drunk and drive under the influence of illicit drugs. Our Oakland drunk driving victims’ law firm works with the families left grieving because someone else made a dangerous decision that had terrible consequences — consequences that are all the more tragic because impaired driving deaths are both foreseeable and completely preventable.

Police Suspect Impaired Driving Caused Deadly Vacaville Collision

At least two families are facing the grim realities of impaired driving after a deadly crash occurred in Vacaville early Sunday morning. CBS SF reports that the driver of a Jeep SUV had pulled onto the shoulder of eastbound Interstate 80 near Lagoon Valley around 5:30 AM because she was feeling ill. After she exited her vehicle, a Honda Accord drifted into the shoulder and hit the SUV, causing the Jeep to spin and hit the driver. A woman inside the SUV died at the scene and the SUV’s driver and two other passengers were taken to a local hospital with minor to moderate injuries. The driver of the Accord had to be extracted from her vehicle by emergency crews and was also taken to the hospital where she later succumbed to her injuries. California Highway Patrol officials believe that the 28-year-old driver of the Honda vehicle was intoxicated at the time of the crash.

Bay Area Wrongful Death Attorney on the Untimely Death of a Parent with Minor Children

March 16, 2016 | Gregory J. Brod

childhands' Working in accident law means we often see people at the very worst moments of their lives. This is difficult, but it is also a privilege and it motivates our team to do our very best work for every single client. As an Oakland wrongful death lawyer, Attorney Greg Brod has experience helping people move forward after tragedy and understands that compensation helps, even though no money can never bring back a lost loved one. Nowhere is this more true than in cases involving the wrongful death of a parent who leaves behind one or more minor children.

Discovery Bay Crash Leaves Parents Dead, Children Injured

A car crash near Discovery Bay last weekend claimed the life of a mother and father, orphaning three children, according to a report from the San Francisco Chronicle. At 11:22 P.M. on Sunday, the family was in a Dodge van travelling east on Highway 4 and approaching Old River Bridge when an on-coming Chevrolet swerved into their lane. The Chevrolet crashed into the van, forcing it off the road and causing it to overturn in a drainage canal.

Understanding Wrongful Death Law in California

October 28, 2015 | Gregory J. Brod

Wrongful death cases are always emotional, even for a law firm that deals with them on a regular basis, however, this work can be incredibly rewarding. When our Oakland wrongful death law firm helps a grieving family recover compensation, we allow a family to begin to move forward from a terrible tragedy alleviating some of their most pressing financial concerns and also providing a sense of justice. Whether it is a deadly auto accident such as the accident that claimed 5 lives in the Sierra foothills on Saturday, a dangerously defective product, or any other danger created by someone else’s negligence, California wrongful death law and the Brod Law Firm can help.

Deadly Accident Involved Santa Rosa Vehicle

The Oakland Tribune reports that a vehicle registered in Santa Rosa was one of two cars involved in a deadly collision near Sonora on Saturday. Calling it one of the worst accidents the area has seen in a while, California Highway Patrol (“CHP”) officials say that an SUV and a sedan collided in a head-on crash on Highway 120 near Smith Station Road around 6:30 Saturday evening. Four people travelling in the SUV died at the scene while one was airlifted to a Modesto hospital. The driver of the sedan also perished while his sole passenger was taken to the same hospital for treatment of major injuries.

A Focus on the Victim and the Implications of a Crash Caused By a Suspect Fleeing the Police

April 14, 2015 | Gregory J. Brod

At times, it seems like reading the paper or watching the news requires a level of detachment. With so many stories of personal tragedy, connecting emotionally with every report can be overwhelming. Yet, connecting the story to the law is a key part of what we do at our San Francisco wrongful death law firm. Connecting allows us to serve our clients on the emotional, as well as the legal, journey that follows tragedy. Ensuring the jury connects with the plaintiff and/or victim can help us recover compensation for the client. A personalized story can also drive home a message about accident prevention. Today, we look at the story and the law behind a recent pedestrian fatality and we consider the potential legal implications for an accident caused by someone fleeing the police.

Kind, Warm-Hearted Woman Killed in Pedestrian Crash

Last Friday, a 42-year-old female pedestrian was struck and killed in San Francisco’s Financial District. On Monday, one of the headline stories on the San Francisco Chronicle website took a closer look at the victim and the fatal accident. At around 10 P.M., police say three men held up an individual near the intersection of Clay and Larkin. Shortly thereafter, officers attempted to pull the trio over and the suspects fled in a Toyota Corolla. Around the same time, Bridget Klecher was walking in the Financial District after dining with a friend. With police in pursuit, the Toyota sped north on Leavenworth Street and plowed into Klecher as she crossed near Kearny Street. The vehicle continued fleeing and hit another person at Post and Powell Streets before the suspects abandoned the car on Treasure Island. While the second victim is expected to survive, Kearney later died at San Francisco General Hospital.