In December 2022, Daniel Rodriguez and partners Joel Andreesen, Chantal Trujillo, and Danay Gonzalez secured an $11 million wrongful death verdict for the family of a man who was killed in a tragic job site incident.
In February 2023, this same case settled for $12 million in total. We were approached by the defense asking if we would settle under their $11 million policy and we refused.
When it comes to getting justice and fighting for our client’s rights, we never back down.
Rodriguez & Associates secured an $11 million verdict for a family in a wrongful death case.
On December 1, 2022, a Kern County jury ruled in favor of three young children who lost their father in a tragic incident on his job site, awarding them a total of $11 million in damages in the wrongful death case.
Daniel Rodriguez and his experienced team of trial lawyers at Rodriguez & Associates represented the family, in hopes of helping the children receive justice for losing their father, who was a pillar in their lives.
Andrew Bough, 29, was an experienced truck driver for Cal Lowbed. The general contractor for the project was Orange County based J-Squared General Contractors, Inc. J-Squared General Contractors was hired to move metal material in the form of large Z purlins from Lake Isabella to Bishop, California, on April 15, 2020. The heavy metal beams, which are used to construct the roof and wall joists of a building structure, were to be loaded by forklift into trucks for transportation to the building site. The defendant, Doug Murphy, was operating a forklift loading the beams into truck beds when Bough was knocked from his truck and crushed by a 1,500-pound bundle of steel. Bough was taken to a nearby hospital where he passed away 94 agonizing minutes later.
The basis of the wrongful death claim brought by Mr. Rodriguez and his team of trial attorneys including senior partners Joel Andreesen and Chantal Trujillo, and attorney Danay Gonzalez, was directed at J-Squared’s lack of proper training of their employee, forklift operator, Doug Murphy, which led to Murphy’s improper use of the forklift and unsafe loading of the truck while Bough was still on the trailer bed. Attorneys argued that it was due to the actions of Murphy that Bough was killed and had Murphy been properly trained and had action steps taken to remove him from the forklift when it was clear he was operating it unsafely, this disaster would have been avoided.
Through the thorough investigation conducted by the firm, it was found that shortly before this fatal incident occurred, Murphy had punctured the tire of another truck with the forklift, yet he was allowed to continue working.
In addition to the jury verdict of $11 million, Rodriguez & Associates was also able to secure a significant amount in prejudgment interest and costs of litigation for the family. As a result, the total amount of the award will be approximately $12.6 million.
Rodriguez & Associates has decades of experience representing victims of serious personal injury and wrongful death claims resulting from the negligence and careless actions of individuals, large companies, and organizations who disregard basic safety precautions.
Contact our Bakersfield personal injury law office today to learn how our team can help you seek justice.
Accidents caused by large commercial trucks can be devastating due to the sheer force of a moving truck hitting a car. In these instances, semi-trucks can be 30-40 times the mass of a standard-sized car, reaching 40 tons when fully loaded. Statistically, in an accident involving a car and a semi-truck, the truck’s occupants are less likely to be physically harmed while the car’s driver and passengers sustain catastrophic and fatal injuries.
Injuries caused by truck accidents result in massive financial and emotional burdens. Pursuing damages for a truck accident can be challenging and complex considering the navigation of motor vehicle carrier rules, state and federal transportation laws, and statutes of limitations. Trucking companies and manufacturers retain aggressive attorneys and insurance companies with the sole objective of avoiding large payouts for at-fault accidents. Working with an experienced truck accident attorney is your best opportunity to receive the justice and compensation you deserve.
The state of California has a wide range of damages that can be compensated after a trucking accident. While all cases and compensation packages are unique, most damages can be defined as economic and non-economic.
Economic damages account for any costs or financial losses that can and will be incurred due to injury or death including:
Following an accident, your health and recovery are the top priority. Be sure to seek all the medical help that you need. Waiting to seek medical support leaves an opportunity for the trucking company’s insurance and legal teams to claim you are not as injured as you report. Medical damages can include:
Due to the sheer size of trucks, harm to your vehicle is inevitable. After an accident, it is possible to collect compensation to repair or replace your vehicle. If your vehicle was your primary mode of transportation for attending doctor’s appointments and other necessary meetings, travel costs could be included as damages in your claim. Additionally, personal property such as jewelry, watches, and cellphones damaged in the accident can be compensated for.
If physical, mental, or emotional injuries prevent you from working, you may be able to collect compensation for lost wages. This is critical because truck accident victims are often financially responsible for entire families, and lost wages and piling up medical bills could cause long-term financial devastation.
Furthermore, if the injuries prevent you from working at the same capacity as before the trucking accident, you may be able to claim “loss of earning capacity” compensation.
Non-economic damages or general damages, such as loss of enjoyment of life or mental anguish, are often difficult to calculate without the help of a highly experienced truck accident attorney. These stressors do not have a specific price tag but could harm your life even more than your medical bills. Examples of non-economic damages may include:
If a loved one tragically dies from a trucking accident, certain family members could collect wrongful death damages such as:
In rare situations, punitive damages may be available. Punitive damages are only available if the driver or the trucking company showed willful misconduct, fraud, or malice and are intended to punish the wrongdoer and prevent future misconduct. For example, if the truck driver was on drugs while driving, punitive damages may be part of the compensation package and may require compensation paid towards awareness campaigns or training.
In a small town like Bakersfield, finding a personal injury law firm with a truck accident representation success record, engineering expertise, extensive personal injury legal experience, and the ability to acquire trucking logs and records is a rare combination.
Rodriguez & Associates is a personal injury firm well known for all the above. Founder and lead attorney, Daniel Rodriguez, has a degree in engineering and 30+ years of esteemed personal injury experience with concentrated experience in truck accidents. He, along with attorneys Chantal Trujillo and Danay Gonzalez, obtained the highest personal injury verdict in Kern County history of $70,578,289 million against a trucking company.
Truck accidents are extremely complex as they generally include many more factors than a typical car accident. Hiring a highly awarded trucking accident law firm can help you get the maximum compensation you deserve.
For a free and confidential consultation about your case, please fill out this form or call/text: 661-323-1400. We speak Spanish and English.
Losing a loved one is a very difficult experience. This grief can turn into anger if someone else’s negligent actions are responsible for your loved one’s death. In these situations, you may be able to hold the at-fault party accountable by filing a wrongful death lawsuit against him or her in civil court. Under California law, however, only certain parties are eligible to file a wrongful death claim on a deceased person’s behalf.
According to California’s wrongful death statute, wrongful death is caused by the legal fault of another person or entity. A wrongful death may occur due to acts of medical malpractice in Bakersfield, negligence, or intentional acts, including crimes. You can pursue criminal charges and a civil wrongful death claim at the same time.
The following people may file a wrongful death lawsuit in California civil court.
If the following individuals can prove that they were financially dependent on the deceased, they may also file a wrongful death claim.
If no surviving person is available to file a lawsuit in the deceased’s line of descent, additional rules apply. In these situations, any person who would be entitled to inherit the property of the deceased may file the claim.
California law also restricts the length of time that you have to file a wrongful death lawsuit. The statute of limitations establishes a filing deadline for certain types of claims, and if you file after the appropriate date, the court will almost certainly dismiss the case.
You have two years from the date of your loved one’s death to file a wrongful death lawsuit in California civil court. While there are some exceptions to this rule, they are not always applicable in wrongful death cases. To identify your appropriate deadline and protect your family’s right to recovery, speak to a Bakersfield personal injury attorney as soon as possible.
Wrongful death litigation can be complex and difficult to navigate, and if you plan on filing a lawsuit, you need an attorney on your side. A California wrongful death lawyer can provide valuable benefits to your claim, including the following.
A California wrongful death lawyer will have the experience, skills, and resources necessary to guide you and your family through each stage of the litigation process. As soon as you are able, contact an attorney to discuss your next steps.
California is one of the top 10 oil-producing states in America, with Kern and Ventura counties home to much of that production. In these counties, oilfields provide employment for thousands of individuals, making it an important industry for the livelihoods of many families.
While work on the oilfield is inherently dangerous, the right safety precautions and processes can avert many disasters and oilfield injuries. It helps too, to be up to speed on recent facts about the ever-changing industry, and what those points and statistics mean for oilfield workers.
Some recent figures include:
● The California Geologic Energy Management Division (CalGEM) has jurisdiction over more than 242,000 wells, including nearly 101,300 that are defined as active or idle. The Division’s authority extends from onshore to three miles offshore.
● Annually, 34.9 percent of oil supply sources to California refineries came from California oil sources. Overseas sources as well as those in Alaska made up the rest of the percentages, according to the California Energy Commission.
● While California remains one of the top 10 oil-producing states in the U.S., production has been on the decline since the middle of the 1980s. CalGEM is currently working to further the state’s goal of becoming carbon-neutral by 2045.
● From 2008 through 2017, 1,566 workers died trying to extract oil and gas in the U.S. During the same time, the Occupational Safety and Health Administration (OSHA) cited companies in the extraction industry for 10,873 violations.
● According to the Census of Fatal Occupational Injuries, 489 oil and gas extraction workers were killed on the job between 2013 and 2017. Top hazards that can become fatalities are vehicle accidents, being struck by, caught in, or caught between equipment, explosions and fires, falls, being trapped in confined spaces, and exposure to harmful chemicals.
● Roughly 35,000 wells currently sit idle in California, with production suspended. An analysis by the Los Angeles Times and the Center for Public Integrity found that regions, including Kern County and Los Angeles, do not have enough money set aside to ensure these sites are cleaned up and made safe for all, now and in the future.
Daniel Rodriguez himself worked in the oilfields for years as a roustabout and mechanic, and knows firsthand how difficult and dangerous the work can be. If you have been injured in an oilfield accident, these statistics can help you determine if your situation warrants contacting an oilfield injury attorney and pursuing a claim. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.
Wrongful death is when one person is killed by another person’s misconduct, wrongful action, or negligence. Common examples include car accidents that occur because of negligence.
In the state of California, cases of wrongful death are treated as civil cases and therefore differ from criminal cases involving homicide, which usually result in punishment (fines or imprisonment).
In wrongful death cases, the deceased could have been killed intentionally or accidentally. The important thing for wrongful death cases is that you are able to prove the existence of a few elements: that a duty of care existed, that the Defendant breached duty of care was breached, and that the wrongful action directly caused the death of the Plaintiff’s loved one.
Who can file a wrongful death case?
According to California’s wrongful death statute, the following people can file a wrongful death lawsuit: the decedent’s surviving spouse (or domestic partner); the decedent’s surviving children; the grandchildren of any deceased child of the descendent.
Parents and siblings can only file a lawsuit when the dependent does not leave behind a spouse, children, or grandchildren. If other individuals can prove they were financially dependent on the deceased, they may also be able to file a wrongful death suit. Putative spouses — a spouse in every sense but legally — and their children and stepchildren may also file wrongful death claims if they can prove they were financially reliant on the deceased.
What are the damages in a wrongful death case?
In cases of wrongful death, damages are filed to get compensation for living without the deceased person. They might cover lost earnings, funeral and burial expenses, and emotional support needed for dealing with the loss of a loved one. The family may also receive compensation for the value of the services provided by the deceased.
Some non-economic damages include the loss of the descendant’s “love, companionship, comfort, care, assistance, protection, affection, society, and moral support,” according to the state of California.
What is the statute of limitations for a wrongful death case?
A statute of limitations determines how long you have after the accident to start legal proceedings. In California, victims of wrongful death cases have two years from the date of the decedent’s death to file a suit.
The death of a loved one is a tragic, emotionally overwhelming event, and one you do not have to struggle with on your own. If you have lost a family member because of someone else’s misconduct or negligence, do not hesitate to contact us today for assistance.
To speak with an attorney about your case at no charge, reach out to us today.
Bakersfield personal injury lawyers Daniel Rodriguez, Chantal Trujillo, Blaine Mustoe & Danay Gonzalez obtained a $4 million verdict in Kern County Superior Court on March 18, 2021. The case was filed against Tri-County Medical Transport, Inc., on behalf of a 28-year-old woman for the wrongful death of her 71-year-old father.
Her father was being transported back to his home after being picked up at a hospital after undergoing a medical procedure. The medical van driver lost control of her vehicle resulting in a traffic collision. Her father was then taken to the hospital where he was treated and released. He was then sent home and the following morning he was found unresponsive and later pronounced dead that same morning.
The lawyers for the medical transport company argued at trial that the man did not die from any injuries in this crash but rather from any one of his list of pre-existing medical conditions. That he died from diabetes (he was a double amputee), requiring dialysis treatment three times per week, high cholesterol that resulted in 80% of his heart arteries being blocked, an enlarged heart (twice the size of a normal heart), or any of his other pre-existing conditions. In the end, they argued that his pre-existing medical conditions were what killed him and that this crash had nothing to do with his death.
The Insurance Company for the medical transport tendered their last offer about two months before trial in the amount of $125,000. The Bakersfield wrongful death attorneys at Rodriguez & Associates said, “We’ll see you in court because old peoples’ lives matter!”
If you lost a loved one due to the negligence of another person or entity, you may have grounds for a wrongful death claim. This civil lawsuit provides compensation to a deceased person’s estate and surviving family members, such as his or her spouse and children, for the losses associated with his or her death.
However, California establishes strict rules regarding what types of compensation a plaintiff’s family or estate may receive. There are two categories of damages in wrongful death lawsuits: compensation for the deceased’s estate, and compensation for the deceased’s family.
Surviving family members can suffer from significant pain and suffering due to the untimely passing of a loved one. The purpose of wrongful death claims is to compensate the family for these losses with a monetary award. If a wrongful death claim is successful, the court will typically award compensation for the following losses to eligible family members.
In California, only certain individuals may file a wrongful death claim on behalf of a deceased person. Typically, only the surviving spouse or domestic partner, surviving children, and people in the line of succession, such as the deceased’s parents or siblings, may receive this compensation.
After a person dies, he or she can incur certain costs that his or her estate will need to pay for. The court will compensate the estate for the cost of his or her funeral and burial expenses up to a reasonable amount, as well as medical bills and hospital expenses associated with the deceased’s final injury or illness.
The court will often provide funds for the value of the deceased’s lost income. This specific form of compensation reimburses the estate for the potential income the deceased would have likely earned in the future if he or she lived. The court will also provide compensation for lost wages the deceased incurred during his or her recovery period prior to death.
If you lost a loved one due to negligence or reckless behavior, you may be eligible for a wrongful death settlement. However, California sets a time limit on these types of lawsuits—you only have two years from the date of your loved one’s death to file. If you wait until this deadline passes to file your claim, the court will almost certainly dismiss your lawsuit and your family will lose the right to collect the compensation you deserve.
Hiring a California wrongful death attorney to represent your claim can help you avoid unexpected delays and file your lawsuit on time. Your lawyer can assist your family with every aspect of the wrongful death litigation process, from negotiating with insurance companies to identifying the damages you qualify for.
As soon as possible following your loved one’s accident, contact a California wrongful death attorney to initiate your claim. Your attorney will explain your legal options and discuss you and your family’s first steps toward compensation.
Insurance companies work fast after a car accident. Often times, the adjuster will contact people who are involved in an accident the same day or within a few days after the occurrence. You may even receive a call from the other party’s insurance adjuster. We understand how stressful it is after an accident, so we compiled tips for you on how to speak with an insurance company after you have experienced an auto accident.
Find out who you are talking to.
When you receive the phone call, ask for the person’s name, the insurer they work for, their work address, and work telephone number. If they are unable, or unwilling, to provide you with this information, do not speak with them.
Do not agree to a recorded statement.
The adjustor may claim that a recorded statement will “protect you” or speed up your claim process, but a recorded statement can also work against you. The adjustor may ask you leading questions or remarks (i.e. “It sounds like your back injury is not as bad as you thought”) and the answer you respond with may undermine your injury and your compensation.
Limit the information you give to the insurance adjustor.
You may give them general information, including:
Don’t discuss your injuries.
The extent of an injury in a car accident can take weeks or months to become fully apparent. How you state your injury may be used against you at a later date. You do not owe them a progress report. If they ask you how you are doing, you can say that you don’t know the “full extent of the injury yet”.
Don’t speculate or guess.
If they ask you questions about the accident, and you don’t know the answer, do not speculate or guess what may have happened. It is acceptable to say “I don’t know” or “I don’t remember”.
It is okay to postpone the conversation.
You may decline talking to an insurance adjuster. You have the right to answer their questions with your attorney and you may tell them that you will not talk to them without your attorney present.
If you have suffered an injury or lost a loved one in a car accident, we may be able to help you. Call our Bakersfield Personal Injury Law Firm at 661-323-1400 or 800-585-9262 (toll free) for a no fee consultation. Our Kern County car accident attorneys speak English or Spanish.
Anytime the death of a loved one occurs, it takes an enormous toll on the surviving family members’ emotional, physical, and often financial health. These events become even more stressful when the loved one’s death was caused by another person being careless. Slips, falls, dog bites, car accidents, botched medical procedures, and numerous other situations can all be the result of one person failing to take proper precautions and, unfortunately, can lead to the death of another individual. When that happens, you could have a case of wrongful death on your hands.
There are many famous wrongful death cases, often involving celebrities or defective products with the potential to harm millions. However, these highly publicized situations don’t always reveal just how complicated wrongful death cases can be for those involved. Many victims, for example, are not always aware when they are even able to pursue compensation for wrongful death.
The following facts can help you better understand what wrongful death is as well as when and how to file a claim:
Wrongful death is connected to negligence, but it’s important to understand when you are dealing with an actual case of wrongful death and when it is just a negligence claim.
Negligence occurs when a person commits an act that unintentionally harms another person. Car accidents, defective products, dog bites, and many other situations can all happen because of negligence, and typically when litigation follows, it falls into the personal injury category of the law.
However, there are times when one person’s negligent act leads to another’s death. In these cases, the surviving family members may actually be able to pursue compensation through a wrongful death claim.
Also worth noting is that wrongful death cases differ from those involving homicide, which involve the willful killing of another individual. In other words, in homicide, there is intent to harm — a factor that’s absent in cases of wrongful death.
Not just anyone can file a wrongful death claim, no matter how much they loved or were close to the deceased. In wrongful death cases in the state of California, the deceased person’s spouse or children can file a wrongful death claim. If none of those relations exist, the deceased individual’s parents, siblings or other relatives from extended family may be able to file a claim.
Life partners and putative spouses, as well as those who can prove they were financially dependent on the deceased, may also file for wrongful death, even if they are not related by blood.
Once surviving family members have established that their loved one’s death was directly due to someone else’s negligence, they may be able to collect a number of different types of damages. That includes medical bills from when the deceased was in the hospital, compensation for wages that person would have earned, funeral expenses, and compensation for pain and suffering on the part of the victim’s loved ones.
Like many other types of lawsuits, wrongful death cases can be tricky to establish and are best pursued under the guidance of an experienced wrongful death attorney. At Rodriguez & Associates, we stand behind families experiencing the loss of someone due to the carelessness of others. If you and your family are suffering because of the untimely death of a loved one, reach out to us today to discuss the details of your case.
A wrongful death claim can’t be filed by just anyone. Only specific individuals with certain relationships to the deceased person can do so. In California, the deceased individual’s spouse, domestic partner, or children can file. If there are no such relations to the previously mentioned relations exist, California law dictates that anyone “who would be entitled to the property of the decedent by intestate succession” can file the claim. This may extend to the deceased’s parents, siblings, or other relatives, or in some cases, people who were financially dependent on the decedent can file a wrongful death claim.
The Bakersfield wrongful death lawyers at Rodriguez & Associates have extensive experience representing loved ones in wrongful death cases in California and throughout the United States. The best way to find out if you have a wrongful death case is to contact experienced lawyers with a strong track record of success. Contact us today at (661) 323-1400 or via our website to see if you have a case.
