Contra Costa County · Wrongful Death
Wrongful death lawyers serving Danville
Your family should be free to grieve without adjusters calling and deadlines closing in. Hand us the legal side of this, and it will be handled — thoroughly, and at your pace.
A wrongful death claim asks a question the family already knows the answer to — whether this loss has changed everything — and puts it to the people responsible in the only language the law provides. California gives that claim to certain family members: generally the surviving spouse or domestic partner and children first. It comes with deadlines, and it deserves counsel who will carry it entirely so the family does not have to.
Oguz Injury Lawyers LLP represents families throughout the San Ramon Valley from our office in downtown Walnut Creek, fifteen minutes up I-680 from Danville. We meet families in person, by phone, or by video — whichever is kindest to your circumstances — and we work in English, Spanish, Turkish, and Mandarin Chinese.
The first conversation is free and without obligation. If we take the case, we immediately preserve evidence, obtain the official records, identify every responsible party and insurer, and protect every deadline — then we handle the insurers so your family's contact with this process is as limited as you want it to be. There is no fee unless we recover.
How a Danville case comes together
The official investigation is the starting point, and in Danville it depends on where the incident occurred. On the town's own streets — Camino Tassajara, Sycamore Valley Road, Danville Boulevard, the walkable downtown — the Danville Police Department prepares the record. On I-680, which runs the length of the town's western edge, the California Highway Patrol investigates, bringing specialized reconstruction resources to the most serious crashes. The county coroner's office adds its own findings. We gather all of it and, where it leaves questions open, investigate independently while evidence still exists.
The circumstances vary. Some cases arise from freeway collisions; others from lower-speed but no less devastating incidents where drivers meet people on foot or on bikes — in the downtown core, or at the many points where the Iron Horse Trail crosses Danville's streets. Where a crossing's design or signal timing may have played a role, a public entity may be among the responsible parties, which triggers the six-month government claim deadline. Others begin on private property, or at a workplace, where a third-party claim can exist alongside workers' compensation.
If litigation becomes necessary, a Danville case is filed in the Contra Costa County Superior Court in Martinez. Most families never see the inside of that courthouse — thorough preparation is what makes settlement on fair terms possible.
California wrongful death law, plainly stated
- The deadline for a wrongful death claim in California is generally two years from the date of death, under Code of Civil Procedure section 335.1.
- If a public entity bears responsibility — a government vehicle, a dangerous public road or property — a government claim generally must be presented within six months. This shorter deadline surprises grieving families constantly, and missing it can end the claim.
- Eligible claimants are defined by law: generally the surviving spouse or domestic partner and children first, then those entitled to the estate through intestate succession if there is no surviving spouse or issue.
- Pure comparative negligence applies: if the person who died was partly at fault, the family's recovery is reduced proportionally — not eliminated.
- A criminal prosecution, if any, is separate from the civil claim. The family's wrongful death case proceeds independently, under a different standard of proof, whatever the criminal outcome.
Frequently asked questions
How long do we have to decide?
You do not have to decide anything quickly — but the claim must be protected within its deadlines. Generally that means two years from the date of death under Code of Civil Procedure section 335.1, and only six months to present a claim if a public entity may be responsible. Protecting the claim early preserves your family's choices; it does not commit you to a lawsuit.
Who is legally entitled to bring the claim?
Generally the surviving spouse or registered domestic partner and the children of the person who died; if there are none, the right passes to those who would inherit under California's intestate succession rules. Certain financially dependent household members may qualify as well. If your family's structure raises questions, that is normal — and worth a real answer rather than a guess.
What if our loved one is being blamed, in part, for what happened?
Partial fault does not defeat a wrongful death claim in California. Under pure comparative negligence, the recovery is reduced by the decedent's share of fault, not eliminated. Insurers know fault arguments are hard to rebut when the person involved cannot speak for themselves — which is exactly why prompt, independent investigation is so important.
What are the costs to our family?
None, unless the case succeeds. The consultation is free, we advance every case cost, and our fee is contingent on a recovery. If there is no recovery, your family owes nothing.
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