Contra Costa County · Wrongful Death
Wrongful death lawyers serving Walnut Creek families
Our office is here in downtown Walnut Creek, and we know that no legal process undoes a loss like this. What we can do is carry the deadlines, the insurers, and the paperwork so your family doesn't have to.
If you are reading this page, something has happened that should not have. A wrongful death claim will never be the most important thing in your family's life right now — but California law attaches real deadlines to it, and the work of protecting it is something you should not have to do alone, or quickly, or while you are grieving.
Oguz Injury Lawyers LLP is headquartered on N California Blvd in downtown Walnut Creek. For families here, that means the conversations that begin a case — and there is no obligation attached to a first conversation — can happen in person, close to home, at whatever pace you need. We work in English, Spanish, Turkish, and Mandarin Chinese.
Our role in a wrongful death case is deliberately broad: we investigate what happened, identify every responsible party and insurance policy, preserve the evidence before it disappears, and deal with the insurers directly so that your family's contact with this process is as small as you want it to be. There is no fee unless we recover for your family.
How a Walnut Creek wrongful death case proceeds
A wrongful death claim arising in Walnut Creek would be filed, if a lawsuit becomes necessary, in the Contra Costa County Superior Court, which sits in Martinez — about twenty minutes from our downtown office. Most cases resolve without a trial, but knowing the venue from day one shapes how we build the file: what the local court expects, and how these cases move through it.
The groundwork starts with the official record. A fatal collision on a Walnut Creek surface street — Ygnacio Valley Road, Main Street, the downtown grid — is investigated by the Walnut Creek Police Department, while a crash on I-680 or SR-24 belongs to the California Highway Patrol, whose Multidisciplinary Accident Investigation Team may conduct a far deeper reconstruction than an ordinary report. The county coroner's office prepares its own findings. Families are not expected to gather any of this; requesting and interpreting these records is among the first things we do.
The cases themselves arise in different ways. Some begin with a collision — on the freeways that meet here, or where drivers encounter people walking and cycling downtown and at the Iron Horse Trail crossings. Others begin on someone's property, or at work, where a claim against a negligent third party can exist alongside workers' compensation. Each path has its own defendants, insurers, and deadlines, and sorting that out early is exactly what a free consultation is for.
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
Who in our family is allowed to bring the claim?
California law defines this by statute: generally the surviving spouse or registered domestic partner and the children come first, and if there are none, the right passes to the family members who would inherit under the state's intestate succession rules. Some financially dependent household members may also qualify. Families are rarely simple, and eligibility deserves a careful individual answer — asking costs nothing and commits you to nothing.
How much time do we have?
Generally two years from the date of death, under Code of Civil Procedure section 335.1. But if a public entity may share responsibility — a government vehicle, a dangerous condition of a public road — a formal claim generally must be presented to that entity within six months. That shorter deadline is easy to miss amid a family's grief, which is why we encourage families to have someone confirm the applicable deadlines early, even if they are not ready to decide anything else.
There may be a criminal case. Does our claim depend on it?
No. The civil wrongful death claim is independent of any criminal prosecution. It proceeds on its own track, under a lower standard of proof, and can succeed even if a prosecution never happens or does not result in a conviction. Your family does not need to wait for the criminal process — and the civil deadlines do not wait for it either.
What would this cost our family?
Nothing out of pocket. We handle wrongful death cases on a contingency basis: we advance the costs of the case, and our fee comes only from a recovery. If there is no recovery, you owe us nothing. The initial conversation at our Walnut Creek office — or by phone or video, if that is easier — 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.