Posted On December 2, 2025 Wrongful Death

Wrongful Death in Riverside: Who Can Sue and How Much You Could Recover

Losing a loved one because of someone else’s carelessness is every family’s nightmare. On top of the grief, you’re suddenly faced with medical bills, funeral expenses, and the loss of income and support your family depended on.

If your loved one died in Riverside or anywhere in Riverside County because of another person or company’s negligence, you may have a wrongful death claim under California law. This article explains, in plain English:

• What counts as wrongful death
• Who can sue in California
  
• What compensation families may recover
  
• Why acting quickly and with legal help matters
  

What Is a “Wrongful Death” Case in Riverside, California?

Under California law, a “wrongful death” occurs when someone is killed because of another person or entity’s negligence, recklessness, or intentional misconduct.

Common Examples in Riverside

Wrongful death cases often arise from:

• Car crashes on the 91, 60, or I-215 caused by speeding, distracted, or drunk drivers
  
• Truck and commercial vehicle collisions, including semi-trucks serving warehouse and logistics routes
  
• Motorcycle, pedestrian, and bicycle accidents where a driver fails to yield or keeps their eyes on their phone instead of the road
  
• Medical malpractice or nursing home neglect, such as missed diagnoses or failure to monitor vulnerable patients
  
• Workplace or construction accidents, sometimes involving unsafe equipment or lack of proper safety procedures
  

These incidents may also lead to criminal charges (like DUI or vehicular manslaughter), but the wrongful death case is separate. The criminal case punishes the wrongdoer; the wrongful death case seeks financial compensation for the family.

Who Can Sue for Wrongful Death in Riverside?

Not everyone who is emotionally affected by a death has the legal right to sue. California has specific rules about who is allowed to bring a wrongful death claim.

Primary Eligible Family Members

Under California law, the following people are typically first in line to bring a wrongful death claim:

• The surviving spouse or registered domestic partner
  
• The children of the person who died
  

If the person who died has no surviving children, then those who would inherit under California’s intestate succession laws may have the right to sue. That might include:

• Parents of the decedent
  
• Siblings, if parents are not living and there is no spouse or child
  
• In some circumstances, other relatives who would inherit under the estate laws
  

Other Possible Claimants

In certain scenarios, others may be allowed to bring or join a wrongful death claim, such as:

• Stepchildren who were supported by the decedent
  
• A putative spouse (someone who believed in good faith they were legally married, even if there was a technical defect)
  
• Financial dependents, even if they are not blood relatives, in limited situations
  

What If Multiple Family Members Want to Sue?

California law generally requires that all eligible heirs be part of one wrongful death action. That does not mean everyone has to hire the same attorney, but it does mean the claim should be coordinated.

For example:

A married parent of two children is killed in a Riverside freeway crash caused by a drunk driver. The spouse and both children are all potential wrongful death claimants. Typically, they bring one combined claim and later decide how to divide the recovery among them.

This is one reason families often choose a single law firm to handle the claim and help avoid conflicts and confusion.

Wrongful Death vs. Survival Action: Two Different Claims

It’s common to hear both “wrongful death” and “survival action” mentioned together, and they are related but distinct.

• A wrongful death claim belongs to the heirs (the family members). It covers their losses due to the death.
  
• A survival action belongs to the decedent’s estate. It covers damages the person could have claimed if they had survived, such as medical bills and conscious pain and suffering before death.
  

Example:

If someone is injured in a crash, spends three weeks in the hospital, and then passes away, the medical bills and their suffering during those three weeks may be part of a survival claim, while the family’s lost support and companionship are part of the wrongful death claim.

A good Riverside wrongful death lawyer can determine whether both types of claims should be filed to maximize your family’s recovery.

What Compensation Can Families Recover in a Riverside Wrongful Death Case?

No amount of money replaces the person you’ve lost. But the law recognizes that a wrongful death causes serious financial and emotional harm to surviving family members.

Economic Damages (Financial Losses)

These are the measurable, financial impacts of the death, such as:

• Loss of financial support
  
  • The income, benefits, and financial contributions your loved one would have provided over their expected lifetime
    
• Loss of household services
  
  • Childcare, caregiving, home maintenance, and other tasks the decedent regularly performed
    
• Funeral and burial expenses
  
• Medical bills related to the final injury or illness (often through a survival action)
  

Non-Economic Damages (Intangible Losses)

These cover the human, non-financial side of the loss. California allows families to recover for:

• Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
  
• For children, loss of training and guidance from a parent
  

These damages are real, but they don’t come with receipts, so they often require testimony, story-telling, and sometimes expert analysis to fully convey their impact.

Punitive Damages?

Punitive damages are not available in a standard wrongful death claim in California, but they may be available in a survival action, particularly if the wrongdoer’s conduct was egregious (for example, intentional misconduct or certain types of drunk-driving where statutes allow).

How Much Could Your Riverside Wrongful Death Case Be Worth?

Every family wants to know: “How much could we recover?”

Unfortunately, online “settlement calculators” rarely tell the truth. The value of a wrongful death case depends on many factors, including:

• The age, health, and earning potential of the person who died
  
• The number and ages of dependents (young children, a non-working spouse, elderly parents)
  
• The strength of the liability evidence
  
  • For example, a clear DUI rear-end crash is very different from a disputed crash with conflicting witness statements
    
• The available insurance coverage and whether any corporate defendants are involved
  
  • A trucking company with a commercial policy may be able to pay much more than an individual driver with a minimum-limit policy
    

Example:

Two cases may both involve a fatal crash in Riverside, but:

• In one, a 25-year-old primary breadwinner with young children is killed by a commercial truck.
  
• In the other, an elderly retiree is killed by an individual driver with minimal insurance.
  

The financial value of these cases can be very different, even though both losses are tragic.

The most accurate way to understand potential case value is to have a lawyer review:

• Police reports and investigation files
  
• Insurance policy limits
  
• Medical records and bills
  
• Employment and financial information
  
• The detailed impact on each family member
  
  How Long Do You Have to File a Wrongful Death Case in Riverside?

California has strict time limits, called statutes of limitations.

• In many wrongful death cases, you generally have two years from the date of death to file a lawsuit.
  
• If a government entity may be responsible (for example, dangerous road design, public employee negligence), you may have to file a government claim within six months, which is a much shorter timeline.
  

If you miss these deadlines, you can lose your right to recover anything, no matter how strong the case might have been.

Because of this, it’s important to contact an attorney as soon as possible, especially if you suspect a public entity or government agency may be involved.

How a Riverside Wrongful Death Lawyer Can Help Your Family

Pursuing a wrongful death case while you’re grieving can feel overwhelming. An experienced local attorney can take on the legal burden so your family can focus on healing.

Investigating and Building the Case

A lawyer can:

• Obtain and analyze police reports and accident reconstructions
  
• Collect witness statements and locate additional witnesses
  
• Secure video footage, photos, and black-box or truck data before it’s lost
  
• Work with medical experts, economists, and other specialists to quantify your loss
  

Protecting You from the Insurance Company

Insurance companies are not on your side. A wrongful death lawyer will:

• Handle all communications with insurers
  
• Prevent adjusters from pressuring grieving family members into quick, low settlements
  
• Make sure nothing is said or signed that could harm your case
  

Calculating Full Damages

Attorneys work to ensure all aspects of the loss are included:

• Present and future income and benefits
  
• Household services
  
• Non-economic damages, including the profound emotional loss to each family member

Negotiation and Trial

Most cases settle, but some must go to court when insurers refuse to be fair. A Riverside wrongful death attorney can:

• Prepare and send demand letters
  
• Represent your family in mediation or settlement conferences
  
• Present your case to a judge or jury if necessary
  

Why choose a Riverside-based firm like Montgomery Steele?

• Familiarity with Riverside County courts, judges, and defense firms
  
• Experience with local juries and how they view wrongful death cases
  
• Understanding of local crash patterns, roads, and insurers
  

What You Can Do Right Now if You Think You Have a Case

If you suspect your loved one’s death in Riverside was caused by negligence, here are practical steps you can take today:

• Gather key documents
  1. Death certificate
  2. Police report or incident report
  3. Insurance information (auto, health, life)
  4. Any photos or videos of the scene or vehicles
  
  
• Write down what you know
  1. Timeline of events leading up to the incident
  2. Names and contact information of any witnesses
  3. Conversations with insurance adjusters so far
  
  
• Avoid recorded statements
  Don’t give recorded statements or sign broad medical authorizations for the insurer before getting legal advice.
  
  
• Limit social media posts
  Well-meaning posts can sometimes be taken out of context and used against your case.
  
  
• Talk to a wrongful death attorney
  A short, confidential consultation can answer your most urgent questions and help you decide what to do next.

Talk to a Riverside Wrongful Death Lawyer Today

If your loved one died because of someone else’s negligence in Riverside or Riverside County, your family may be entitled to significant compensation for both economic and emotional losses.

The sooner you get legal help:

• The easier it is to preserve evidence
  
• The more likely you are to meet all deadlines
  
• The stronger your case may be when it comes time to negotiate or go to court
  

You do not have to go through this process alone.

Visit MontgomerySteele.com now to request a free, confidential wrongful death case review and learn what your family’s rights truly are under California law.

Disclaimer & Jurisdiction Note

This article is general information for crashes in Ontario, California and surrounding Inland Empire areas. It reflects California law, which may differ from other jurisdictions. For legal advice about your specific situation, consult a lawyer licensed in California (and, if a public entity may be involved, do so immediately due to short claim deadlines).