Contra Costa County · Wrongful Death
Wrongful death lawyers serving San Ramon
There is no timetable for grief, but the law keeps one anyway. We make sure your family's rights are protected on the law's schedule — while you live on your own.
California's wrongful death law exists for a hard reason: a negligent death takes things from a family that have real, ongoing weight — income and support, a partner's companionship, a parent's guidance — and the law allows certain family members to hold the responsible parties accountable for that. Nothing about beginning that process should fall on the family itself.
Oguz Injury Lawyers LLP serves San Ramon from downtown Walnut Creek, a straight run up I-680. We have sat with many families in the first weeks after a loss, and we structure those conversations accordingly: free, unhurried, without obligation, and in English, Spanish, Turkish, or Mandarin Chinese.
If your family asks us to act, we start with what cannot wait — preserving evidence, obtaining the official investigation records, identifying every responsible party and insurance policy, and protecting the deadlines — and we handle the insurers entirely. Everything else moves at your pace. There is no fee unless we recover.
What a San Ramon family can expect from the process
First, the record. A fatal incident on San Ramon's streets — Bollinger Canyon Road, Crow Canyon Road inside the city, Alcosta Boulevard, San Ramon Valley Boulevard — is investigated by the San Ramon Police Department; a crash on I-680 is the California Highway Patrol's, and CHP also covers the winding canyon stretch of Crow Canyon Road west of town. The county coroner's office contributes its own findings. We obtain these records, read them critically, and supplement them with our own investigation where they leave questions unanswered.
San Ramon's cases reflect its roads and its rhythms: collisions on wide, fast arterials and at the freeway interchanges that carry the Bishop Ranch commute; incidents where drivers encounter walkers, runners, and cyclists at the Iron Horse Trail's many street crossings; deaths on unsafe premises; and workplace incidents, where a claim against a negligent third party can exist alongside workers' compensation. Where an intersection or crossing's design may be part of the story, a public entity may be involved — and with it, the six-month government claim deadline.
Venue is settled from the start: a San Ramon lawsuit belongs to the Contra Costa County Superior Court in Martinez. Preparing for that courtroom — methodically, from the first week — is what gives a family real leverage in settlement talks, where most of these cases end.
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 is the deadline to file a wrongful death case?
Generally two years from the date of death, under Code of Civil Procedure section 335.1. If a public entity may bear part of the responsibility — a government vehicle, or the design or condition of a public road or crossing — a claim generally must be presented to that entity within six months. The safest step is to have the applicable deadlines confirmed early; that conversation is free.
Does a criminal case against the driver change our civil claim?
It does not control it. The civil claim proceeds independently, under a lower standard of proof, and can succeed regardless of whether charges are filed or how they resolve. Nor do the civil deadlines pause for a prosecution — the two tracks run separately, and your family's claim should be protected on its own schedule.
Who in the family holds the claim?
Generally the surviving spouse or registered domestic partner and children; absent those, the family members who would inherit under California's intestate succession rules, and in some situations financially dependent members of the household. Establishing this correctly at the outset protects everyone and prevents disputes later — it is among the first things we resolve.
How do the fees work?
Entirely on contingency. The consultation is free, the firm advances all case costs, and our fee comes only from a recovery. If there is no recovery, your family owes nothing at all.
More help in San Ramon
Wrongful Death lawyers in nearby cities
Injured in San Ramon? 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.