Contra Costa County · Wrongful Death
Wrongful death lawyers serving Orinda families
A claim like this should never add to a family's burden. We take on the investigation, the deadlines, and the insurance companies, and we move at the pace your family sets.
The purpose of a wrongful death claim is narrow and honest: California law lets certain family members recover for what a negligent death takes from them — financial support, companionship, a parent's guidance — because the alternative is a legal system that pretends those losses have no value. Nothing about pursuing such a claim requires a family to be ready, organized, or composed. That is what counsel is for.
Oguz Injury Lawyers LLP sits just over the hill from Orinda, in downtown Walnut Creek — close enough that meeting in person is easy, though many families prefer to begin by phone or video. First conversations are free and unhurried, in English, Spanish, Turkish, or Mandarin Chinese.
If we take your family's case, the early work happens quietly: preserving evidence, obtaining the investigation records, identifying every responsible party and insurance policy, and protecting each deadline. You are consulted on decisions; you are shielded from the process. There is no fee unless we recover.
The shape of a wrongful death case from Orinda
Two kinds of roads meet in Orinda, and they lead to different investigations. Highway 24 and the Caldecott Tunnel approaches are California Highway Patrol territory — a fatal crash there typically draws CHP's specialized investigators. On the city's own roads — Camino Pablo, Moraga Way, and the narrow, curving lanes that climb into the hills — the Orinda Police Department documents what happened. Those hill roads, with their limited sight lines and absent shoulders, are shared by drivers, cyclists, and walkers, and cases arising there often turn on questions of visibility, speed, and the condition of the road itself.
That last question matters legally. Where a public road's design or maintenance may have contributed to a death, a claim against the responsible public entity generally must be presented within six months — a fraction of the general two-year period. This is the deadline that most often surprises grieving families, and evaluating it is part of our first weeks of work on any roadway case.
A lawsuit, if one becomes necessary, would be filed in the Contra Costa County Superior Court in Martinez. Few cases get that far; a case prepared as though it will is usually the one that settles fairly.
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 does our family need to know about?
The general rule is two years from the date of death, under Code of Civil Procedure section 335.1. The exception that matters most: if a public entity may share responsibility — including through a dangerous condition of a public road — a formal claim generally must be presented within six months. We confirm the applicable deadlines in the first conversation, at no cost.
Who may bring the claim?
California statute answers this: generally 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 have rights. Family circumstances are rarely textbook, and eligibility deserves an individual answer.
The driver may face criminal charges. Do we have to wait?
No. The civil wrongful death claim is entirely independent of any prosecution — different parties, different purpose, different standard of proof. It can succeed whatever the criminal outcome, and its deadlines run regardless. Families can and usually should protect the civil claim without waiting on the criminal courts.
What does it cost to involve you?
Nothing out of pocket, ever. We work on contingency: costs are advanced by the firm, and our fee comes only from a recovery. No recovery, no fee. The initial consultation is free and carries no obligation.
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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.