Contra Costa County · Wrongful Death
Wrongful death lawyers serving Martinez
Martinez is where Contra Costa County's civil cases are heard — and where, if it ever came to it, your family's case would be tried. We prepare every case with that courtroom in mind, so a trial is rarely needed.
No page of legal information meets a family where you are right now. So we will keep this practical: if someone you love died because of another's negligence, California law gives certain family members a claim, that claim carries deadlines that do not pause for grief, and a law firm's proper role is to shoulder every part of this process that you are willing to hand over.
For Martinez families, the legal geography is unusually close to home. The Contra Costa County Superior Court — the venue for civil injury and wrongful death cases from across the county — sits here in town, and the county's offices, including the coroner's, are centered here as well. Our own office is a short drive south in downtown Walnut Creek.
We begin with a free, unhurried conversation, in English, Spanish, Turkish, or Mandarin Chinese. If we take the case, we preserve the evidence, obtain the official records, identify every responsible party and insurance policy, and handle the insurers entirely. There is no fee unless we recover for your family.
How these cases arise and proceed in Martinez
The investigation record depends on where the death occurred. Incidents on Martinez's own streets — Alhambra Avenue, Pacheco Boulevard, the downtown grid — are documented by the Martinez Police Department, while crashes on Highway 4, I-680, or the Benicia-Martinez Bridge approaches are handled by the California Highway Patrol. In a fatal case, the coroner's findings become part of the record too. We obtain and review all of it, and where the official account leaves gaps, we investigate independently before evidence fades.
Martinez's industrial character shapes some of these cases. Where a death occurs at work — in the refinery corridor, on the waterfront, or anywhere else — workers' compensation provides limited death benefits, but it is not always the whole story: a separate claim may exist against a negligent third party, such as a contractor, a property owner, or an equipment manufacturer. Those third-party claims are easy to overlook and are often where accountability actually lies. Traffic collisions on the heavy commuter and truck routes through town account for many of the others.
Because the Superior Court sits in Martinez, a lawsuit — if one becomes necessary — is litigated close to home. Most cases resolve before trial, but the willingness and readiness to try a case in that courthouse is precisely what makes insurers take a family's claim seriously.
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
Our loved one died in a workplace incident. Is workers' compensation all there is?
Not necessarily. Workers' compensation death benefits apply regardless of fault, but they are limited, and they do not bar a separate civil claim against a negligent party other than the employer — a contractor, a property owner, an equipment maker. Whether such a third-party claim exists depends on the facts, and it is one of the most important questions to answer early.
How long do we have to bring a claim?
Generally two years from the date of death under Code of Civil Procedure section 335.1 — but only six months to present a government claim if a public entity may be responsible, which arises in cases involving public roads, government vehicles, or public property. Confirming your family's actual deadlines takes one free conversation.
What if the person who died was partly responsible for what happened?
The claim survives. Under California's pure comparative negligence rule, a decedent's share of fault reduces the family's recovery proportionally — it does not bar the claim. Because the person best positioned to explain what happened is no longer here, insurers sometimes overstate that share; independent investigation is the answer to that.
Do we pay anything to get started — or at all, if the case does not succeed?
No. The consultation is free, we advance all case costs, and our fee is contingent: it comes only from a recovery. If there is no recovery, your family owes nothing.
More help in Martinez
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Injured in Martinez? 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.