Losing a loved one is one of the most painful experiences a family can face. When someone’s life is taken because another person or entity acted carelessly or failed to act responsibly, the loss can feel even more overwhelming.

Although no legal action can undo what happened or erase your grief, pursuing justice may help provide accountability and financial relief during an incredibly difficult time. Compensation can help cover expenses and recognize the harm your family has suffered.

A wrongful death attorney in Riverside, CA with Riverside Accident Injury Attorneys is available to speak with you during a free and confidential consultation. Reach out today to explore your legal rights and options.

Why Choose Riverside Accident Injury Attorneys

The legal team at Riverside Accident Injury Attorneys is known for delivering thoughtful, practical, and effective legal solutions for individuals and families facing serious injury and loss.

Our wrongful death attorneys in Riverside handle a wide range of personal injury matters, with a strong focus on catastrophic injuries and fatal accidents. If you need a wrongful death lawyer in Riverside, CA, we understand how insurance companies work to limit payouts and avoid responsibility, and we know how to push back.

We are experienced negotiators who prepare every case as if it may go to trial. When necessary, we are fully prepared to litigate to pursue the justice and compensation our clients deserve. We offer free consultations and case evaluations. Contact Riverside Accident Injury Attorneys today to discuss your legal options.

What Is a Wrongful Death?

Wrongful death is a legal claim that arises when a person dies as a result of another party’s negligent, reckless, or intentional conduct. In simple terms, it occurs when someone loses their life because another person or entity failed to act lawfully or responsibly.

Through a wrongful death lawsuit, eligible surviving family members can seek compensation from the at fault party. Recoverable damages may include medical bills, funeral and burial costs, lost income, and the emotional pain caused by losing a loved one.

Causes of Wrongful Death

Wrongful death can occur in many different situations.

Some of the wrongful death cases we handle include those involving:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Construction accidents
  • Dog bite attacks

Fatalities may also result from catastrophic injuries caused by negligence. These injuries can include:

  • Birth injuries
  • Burn injuries
  • Brain injuries
  • Spine and neck injuries

Riverside Wrongful Death Laws

Understanding California’s wrongful death laws is important because these statutes determine who may file a claim, what compensation may be recovered, and how much time you have to take legal action.

If your loved one died due to another person’s negligence or wrongful conduct, speaking with a wrongful death attorney in Riverside, CA can help you understand your rights and responsibilities under the law.

Wrongful death laws vary by state and are often complex. Below is an overview of how wrongful death claims apply in Riverside.

Damages Are Available in a Riverside Wrongful Death Case

California law allows surviving family members and the deceased person’s estate to recover damages for losses caused by a wrongful death.

Available damages may include:

Economic Damages

Economic damages compensate for measurable financial losses related to the death, including:

  • Funeral and burial expenses
  • Loss of financial support representing the income the deceased would have provided
  • Loss of household services such as childcare, cleaning, cooking, and other contributions

Non Economic Damages

Non economic damages address emotional and personal losses, including:

  • Loss of companionship, care, comfort, and affection
  • Loss of consortium, which involves the loss of intimate and marital companionship
  • Emotional distress and mental suffering experienced by the decedent prior to death

Who Can Bring a Wrongful Death Claim in Riverside

Under California law, the following individuals may be eligible to file a wrongful death lawsuit:

  • The surviving spouse or registered domestic partner
  • The deceased person’s children
  • The deceased person’s grandchildren, if the children are deceased
  • Other dependent children, such as stepchildren, who relied on the decedent for at least 50 percent of their financial support

When more than one eligible claimant exists, the total compensation is divided among them. The court determines how damages are allocated, and a wrongful death lawyer Riverside, CA can help ensure the process is handled fairly and properly.

In addition, the deceased person’s estate may bring a separate survivorship action, which is explained later in this article.

Deadline for Filing Wrongful Death Claims in Riverside

In California, the statute of limitations for most wrongful death claims is two years from the date of death. There is an important exception known as the discovery rule. This rule allows families to file within two years from the date they discovered, or reasonably should have discovered, that wrongful conduct caused the death.

Additional exceptions may apply in cases involving medical malpractice or survivorship actions brought by the estate.

Missing the statute of limitations deadline generally means losing the right to seek compensation. Consulting a wrongful death attorney as soon as possible can help protect your claim.

Wrongful Death Claims in Riverside Involving Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes harm or death. This may include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, or birth injuries.

Wrongful death claims involving medical malpractice have different filing deadlines. In these cases, the claim must typically be filed within one year from the date the family discovered the medical negligence, or within three years of the date of death, whichever occurs first.

California also limits non economic damages in wrongful death cases involving medical malpractice. As of January 1, 2023, the cap increased to $500,000 and will gradually rise to $1 million over the next decade.

Survivorship Actions in Riverside

Survivorship actions are different from wrongful death claims. These lawsuits are brought by the personal representative of the deceased person’s estate, or by a successor in interest if no representative exists.

A survivorship action allows the estate to recover damages the deceased could have pursued if they had survived. These cases typically require that the person lived for a period of time after the injury, even if that period was brief.

When a wrongful death claim and a survivorship action arise from the same incident, the court may combine them into a single case, and a wrongful death attorney Riverside, CA can help you understand how both claims may work together.

Recoverable damages in a survivorship action may include medical expenses, lost wages, and property damage incurred before death. As of January 1, 2022, pain and suffering damages are also recoverable. Punitive damages may be awarded in cases involving especially reckless or malicious behavior.

Survivorship actions must generally be filed within two years of the injury or six months after death, whichever comes first.

How Do I Prove Wrongful Death?

To succeed in a wrongful death claim based on negligence in Riverside, the following elements must typically be proven:

  • Duty of Care: You must show that the defendant owed a legal duty to act reasonably and avoid causing harm to the deceased.
  • Breach of Duty: You must demonstrate that the defendant failed to meet that duty through action or inaction.
  • Causation: There must be a direct connection between the defendant’s breach of duty and the death.
  • Damages: You must provide evidence of the losses suffered, including financial losses and emotional harm experienced by surviving family members.

An experienced attorney at Riverside Accident Injury Attorneys can guide you through this process and help build a strong claim.

How Can a Wrongful Death Lawyer in Riverside, CA Help With My Claim?

A wrongful death attorney from Riverside Accident Injury Attorneys can be a steady guide and a strong advocate when you are trying to move forward after a tragic loss.

Below are several ways an experienced lawyer may support you and your family throughout the claim:

  • Legal knowledge: Wrongful death cases involve strict rules and detailed legal requirements. An attorney who handles these matters regularly can manage the process, prepare the correct filings, and help you stay on track with all deadlines.
  • Investigation: Building a solid claim often starts with a detailed investigation. Our team can collect evidence, review reports and records, speak with witnesses, and work with qualified professionals when expert input is needed to strengthen your case.
  • Identifying who is responsible: Determining fault is not always straightforward. Your attorney can evaluate the circumstances, identify all potentially liable parties, and document how their negligence or misconduct contributed to your loved one’s death.
  • Valuing the full impact of your loss: Compensation is not limited to one bill or one expense. Our lawyers can calculate both economic damages, such as medical care, funeral costs, and lost income, and non economic damages, such as loss of companionship, emotional suffering, and the lasting impact on your household. We can also assess future losses and long term financial effects.
  • Settlement negotiations: Insurance companies often try to minimize payouts. Your attorney can handle communications and negotiations, push back against unfair tactics, and fight for a settlement that reflects the true value of your claim.
  • Trial readiness and courtroom representation: If negotiations do not lead to a fair outcome, your lawyer can file a lawsuit and present your case in court. This includes preparing evidence, questioning witnesses, making arguments, and pursuing the compensation your family deserves.
  • Clear guidance at every step: Wrongful death claims can feel overwhelming, especially when grief is still fresh. An attorney can explain your options, outline what to expect, and help you make confident decisions throughout the process.
  • Support during a difficult time: While your lawyer cannot take away the pain of your loss, they can take the legal burden off your shoulders. That support can give you space to focus on your family and healing.
  • Understanding California law: Wrongful death laws differ from state to state. Our attorneys understand California requirements, including who may file, what damages may be available, and what time limits apply, helping ensure your case stays compliant.
  • Pursuing accountability: Above all, a wrongful death attorney serves as your advocate for justice. We work to hold the responsible party accountable and to secure compensation that honors what your loved one meant to you and the losses your family now faces.

Contact the Riverside Wrongful Death Lawyers at Riverside Accident Injury Attorneys Today

Wrongful death cases involve complex legal and emotional challenges. Having a wrongful death lawyer in Riverside, CA on your side can help protect your rights and improve your chances of securing fair compensation.

Contact the experienced Riverside personal injury lawyers at Riverside Accident Injury Attorneys today at (951) 824-3005 or through our online form for a free consultation to learn more about your legal options.

Our Riverside Accident Law Office

Riverside Accident Injury Attorneys
3590 Central Ave, Suite 209
Riverside, CA 92506
(951) 824-3005