Alameda County · Wrongful Death
Wrongful death lawyers serving Livermore
What your family is facing cannot be fixed by a legal claim. But the claim exists to protect your future, and protecting it is work we can take off your hands completely.
A wrongful death claim is one of the few tools California law offers a family after a negligent death: it allows certain family members — generally a surviving spouse or domestic partner and children — to recover for the support, companionship, and guidance that were taken, and to require an accounting from those responsible. It asks nothing of the family except the decision to let someone carry it for them.
Oguz Injury Lawyers LLP represents Livermore families from our office in downtown Walnut Creek. We know the distance, and we work around it — beginning by phone or video, meeting in person where it helps, in English, Spanish, Turkish, or Mandarin Chinese. First conversations are free and without obligation.
Our early work on a case is the part families cannot easily do themselves: preserving evidence, obtaining the investigation and coroner's records, identifying every responsible party and insurance policy, and protecting each deadline — including the six-month one that applies if a public entity is involved. There is no fee unless we recover.
What a Livermore case involves
Livermore's roads sort its cases. Fatal crashes on I-580 — with its long-haul commuters and heavy truck traffic — are investigated by the California Highway Patrol, whose specialized teams handle the most serious reconstructions; the CHP also covers Vasco Road's rural stretch and the unincorporated wine-country roads south and east of the city. Incidents on Livermore's own streets — First Street, Livermore Avenue, East Avenue — are documented by the Livermore Police Department. The county coroner's bureau examines every sudden death. We gather these records early and test them against independent evidence, because official reports are a starting point, not the final word.
The truck traffic on I-580 matters for another reason: when a commercial vehicle is involved, the case reaches beyond the driver to the motor carrier and its insurers, and critical evidence — driver logs, maintenance records, onboard data — must be formally preserved before it is lost. Sending those preservation demands is among the first things we do. Other Livermore cases begin off the road entirely: on unsafe premises, or at a workplace, where a civil claim against a negligent third party can exist alongside workers' compensation.
As an Alameda County city, Livermore's wrongful death lawsuits are filed in the Alameda County Superior Court, whose civil courts sit in Oakland. Most cases settle before trial — on terms that reflect how well they were prepared for one.
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
What deadlines should our family be aware of?
Generally two years from the date of death, under Code of Civil Procedure section 335.1. But two situations shorten the timeline in practice: a public entity's involvement triggers a six-month government claim requirement, and evidence — particularly in truck cases — can disappear quickly unless formally preserved. Both are reasons to have a free conversation early, even if your family makes no other decision.
Who has the right to bring the claim?
California statute sets the order: the surviving spouse or registered domestic partner and children first; if there are none, those who would inherit under intestate succession, which can include parents and siblings. Certain financially dependent household members may also qualify. If your situation is not simple — few are — the eligibility question deserves a careful individual answer.
Is the civil claim tied to any criminal charges?
No. The wrongful death claim is a separate civil matter with its own standard of proof. It does not require charges, a conviction, or any criminal outcome at all, and it does not wait for the criminal process. The two proceed independently.
How are fees handled?
On contingency, entirely. The consultation is free, the firm advances all case costs, and our fee comes only from a recovery — if there is none, your family owes nothing.
More help in Livermore
Wrongful Death lawyers in nearby cities
Injured in Livermore? Talk to us first.
The case review is free and confidential, and you pay nothing unless we win. Tell us what happened, and we will tell you honestly where you stand.