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Losing a family member is devastating. When a negligent act causes a death, your family may have a wrongful death claim under California law. A local wrongful death lawyer helps protect your rights, gather evidence, and pursue the damages the law allows—while you focus on grief and funeral arrangements. Our law firm serves the Inland Empire—San Bernardino County and Riverside County—handling cases from fatal traffic collisions and driving under the influence to premises liability, product liability, nursing‑home neglect, and violent crime (including assault). Before you speak to an insurance adjuster or sign an insurance policy release, get clear legal advice about fault, legal liability, the statute of limitations, and who can bring a case. Prefer phone, SMS, or email? Use the telephone number below or send a quick message—a local attorney or paralegal will respond quickly.
What Qualifies as a Wrongful Death Claim in the Inland Empire
A wrongful death claim arises when a person’s death is caused by another’s negligence, recklessness, or wrongful act. Common causes include:
Traffic collisions (car, motorcycle, truck, commercial vehicle, bus), intersection failures, excessive speed, tailgating, or ignoring the speed limit.
Driving under the influence, drunk driving, distracted driving, road‑rage behavior, and hit and run.
Premises liability (unsafe property: inadequate lighting, broken stairs/handrail, defective sidewalk, parking lot assaults/negligent security).
Product liability (defective airbag, tire, or component).
Workplace incidents (OSHA/Occupational Safety and Health issues).
Nursing home neglect and medical errors (addressed on separate pages).
Violence (crime), where the criminal case is separate from civil tort claims.
Who Can File & What the Family Can Recover
Under California law, certain heirs/next of kin (e.g., spouse, children, dependent parents) may bring a wrongful death claim. A related legal proceeding—called a survival action—may also be available to the estate (through probate and the personal representative) to recover certain losses between injury and death. Recoverable damages in wrongful death typically include:
Financial compensation for lost support (income/wage), loss of household services, and benefits.
Non‑economic harms: loss of love, companionship, guidance, and consortium/loss of consortium.
Funeral and burial expenses and other documented bills/expenses. In rare cases of extreme misconduct, punitive damages may be available (often through a survival claim). Laws change; we’ll explain current rules and options.
First 72 Hours: What Families Should Do
Get answers and support. Request the police/police officer report number and hospital records; keep all medical record documents.
Preserve evidence. Save photos/video, witness names, surveillance or camera footage, crash data (vehicle downloads, skid mark photos), and location details (intersection, signage).
Avoid recorded statements. Do not give consent to broad releases or take early money from liability insurance before speaking with a lawyer.
Document costs. Track funeral, burial, travel, counseling/therapy bills, and time missed from work.
Call our office. Early legal advice helps protect deadlines and secure the proof your case needs.
Fault, Burden of Proof & Comparative Negligence
Civil cases use a “preponderance of the evidence” burden of proof—very different from criminal reasonable doubt. We analyze duty of care, breach, causation, and legal liability. Under comparative negligence, even if the decedent (or another defendant) shares fault, recovery is adjusted by percentage, not automatically barred. We develop evidence with qualified expert witnesses (accident reconstruction, human factors, medical experts) and detailed testimony to meet the civil standard.
Common IE Fact Patterns (Roads, Venues & Industry)
The Inland Empire sees heavy freight and commuter traffic on I‑10, I‑215, SR‑60, SR‑91, SR‑210, and California State Route 138, with frequent traffic congestion and limited visibility near the San Bernardino Mountains. We handle accidental death from motor vehicle crashes (including Uber/Lyft), premises incidents at retail centers and apartments (inadequate security, poor lighting), workplace matters (OSHA investigations), and defective‑product cases. While headlines often center on Los Angeles or the 405 corridor (Interstate 405), the same safety principles apply here in Southern California.
Evidence We Gather & How We Prove the Case
Scene & vehicle: downloads, photos of skid marks, debris patterns, signage, and road geometry.
Medical proof: complete medical records, hospital notes, and expert cause‑of‑death analysis (brain, spinal cord, internal tissue/bleeding, disfigurement).
Background & systems: corporate policies, insurance policy limits, maintenance logs, and training/dispatch records.
Witness outreach & surveillance requests; public‑records pulls from agencies (including Department of Motor Vehicles filings when relevant).
Expert witness workups tied to civil cause of action elements and venue jurisdiction.
Damages & Financial Recovery for the Family
Wrongful death damages focus on the family’s losses, not the decedent’s pain and suffering (that’s typically a survival issue). We present:
Economic loss models (income, benefits, services, life‑expectancy statistics).
Non‑economic loss: companionship, guidance, suffering, and loss of society.
Documented costs (funeral, burial, counseling/therapy). Where egregious conduct exists (e.g., extreme reckless driving, driving under the influence, willful safety violations), we may seek punitive damages. Our goal is just compensation consistent with the facts and the law.
Insurance Layers, Settlement & Litigation
We identify all insurance layers: at‑fault liability insurance, corporate coverage (commercial vehicle or premises), and applicable UM/UIM. We manage negotiation, explain settlement ranges based on proof and venue, and—when necessary—file a lawsuit. The litigation path typically includes filing the complaint, written discovery, depositions, mediation, and, if needed, trial in court before a jury. We keep communication clear, respect your family’s grief, and move the case at the right pace.
Criminal Case vs. Civil Case
If a criminal charge (e.g., manslaughter) is filed, the prosecutor pursues punishment; your civil claim seeks compensation and justice. The matters run on different tracks, with different standards of proof and remedies. We coordinate timing, protect your family’s rights, and ensure the civil claim isn’t delayed by the criminal matter.
Our Process: From Evaluation to Verdict
Free evaluation with a compassionate wrongful death attorney—we explain options and answer questions.
Investigation & notices: preserve EDR data, request records, and notify carriers to secure insurance information.
Case build: expert workups, damages models, heir/beneficiary analysis (next of kin, inheritance/intestacy considerations).
Demand & negotiation: present liability and damages with exhibits and citations to California law (civil procedure and wrongful‑death statutes).
Litigation: file the complaint, proceed through discovery, depositions, motions, mediation, and, if necessary, trial/jury trial.
Resolution: settlement, verdict, or judgment; we explain liens and net recovery. Contingency fee; no upfront payment.
Timelines, Statutes & Special Issues
Strict statute of limitations rules apply in California; shorter notice statute rules can apply to public entities. Early action helps us secure evidence, preserve vehicles, and interview witnesses before memories fade. Different claims (e.g., negligent infliction of emotional distress for bystanders) have unique standards. We also address vicarious liability and assumption of risk defenses where appropriate.
Frequently Asked Questions
Who can bring a wrongful death claim?
Eligible next of kin (often a spouse, children, or dependent parents). We’ll confirm eligibility and any required probate steps.
What’s the difference between wrongful death and a survival claim?
Wrongful death compensates the family’s losses; a survival claim (by the estate) focuses on losses the decedent suffered between injury and death.
How long do we have to file?
Deadlines vary by claim. Call for legal advice so we can protect the statute of limitations and venue jurisdiction requirements.
What if the driver was drunk, texting, or speeding?
Driving under the influence, distracted driving, or breaking the speed limit can support liability and, in extreme cases, punitive damages.
Do we need to go to court?
Many cases settlement before trial, but we prepare for court and trial when needed. Expect records requests, depositions, and expert workups.
What does it cost to hire you?
Contingency fee—you pay nothing upfront. We only collect a fee if we obtain compensation at settlement or verdict.
Can you help if the crash involved Uber, Lyft, or a commercial vehicle?
Yes. We handle motor vehicle cases including Uber/Lyft, truck driver incidents, bicycle/pedestrian impacts, and complex intersection collisions.
Talk With an Inland Empire Wrongful Death Lawyer Today
If your family lost someone to an accidental death, get clear answers now. We’ll outline the cause of action, who can file, and what the path from claim to lawsuit looks like—so you can focus on honoring your loved one. Start by telephone at 909‑915‑0181 (Redlands) or 760‑835‑9353 (Palm Springs). Prefer digital? Send an email or SMS with your telephone number, and our law offices will reply with next steps.
Attorney advertising: This page provides general information, not legal advice. Deadlines vary; contact a lawyer promptly.
