A wrongful death case is the civil justice system’s way of saying that a life mattered and that the loss it left behind has weight. I represent families in Oakland and across the East Bay who have lost a spouse, parent, or child to someone else’s negligence—in traffic crashes, on dangerous property, and otherwise. Consultations are free and unhurried, and no family should feel rushed into anything.
The legal work in these cases must be rigorous precisely because the subject is human: establishing exactly how the death happened, identifying every responsible party and insurance source, documenting a lifetime of support and companionship, and valuing the loss the way the law allows—fully, not conveniently. I bring the same trial-ready standard to these cases as to every other, with the added obligation of care in how the work touches the family.
What the Case Involves
- Determining who holds the claim under Code Civ. Proc. § 377.60 and coordinating the heirs into one action, as California requires.
- Preserving the record early: collision or incident reports, coroner and medical records, camera footage, and physical evidence.
- Pursuing both the wrongful death claim (the family’s losses) and, where appropriate, the estate’s survival claim.
- Meeting the deadlines—two years generally, six months when a public entity is involved.
If you are weighing whether to speak with a lawyer at all, my suggestion is a conversation without commitment. I will tell you plainly what I see—including if I believe you do not need counsel, or that someone else is better suited to help. Reach out when you are ready.
Frequently Asked Questions
Who can bring a wrongful death case in California?
Code of Civil Procedure section 377.60 defines the list: the surviving spouse or registered domestic partner, children, and — when there is no surviving descendant — others who would inherit by intestate succession, along with certain financially dependent family members. Sorting out who holds the claim is one of the first legal steps, because California requires the heirs to be joined in a single action.
What can a family recover?
California wrongful death damages compensate the family's own losses: the financial support the person would have provided, funeral and burial expenses, and — often the largest component — the loss of the person's love, companionship, comfort, care, and guidance. A separate 'survival' claim, brought by the estate, can recover certain losses the person suffered before death. No verdict restores anything; the civil system's honest offer is accountability and the family's financial ground.
How long does a family have to act?
Generally two years from the death — but six months if a public entity may be responsible, which in Oakland can mean crashes involving city vehicles or AC Transit, or deaths connected to dangerous public property. Where a criminal case is pending against the person responsible, the civil case can typically proceed on its own track; the two systems are independent.
How do you work with grieving families?
Carefully and honestly. I take on the parts a family should not have to carry — preserving evidence, dealing with insurers, coordinating with the coroner's and police records — and I communicate directly, without pressure, about what the case can and cannot achieve. This is work I take selectively so it gets the attention it demands.