Redlands Wrongful Death Attorney

Wrongful Death Lawyer in Redlands, CA

We can all imagine the devastation caused by the sudden death of a loved one, especially when it could have been avoided. In 2023, 4,061 people died in traffic crashes across California, and many wrongful death cases start with a crash like these. When a loved one’s death was the result of negligence or intentional wrongdoing,

Duque & Price can help you through the process of collecting damages from the responsible party. Whether the death resulted from a dangerously defective product, distracted or drunk automobile driver, workplace accident, physician’s error, unsafe home or business premises, or even an intentional act, California law allows spouses, children, parents, and sometimes other relatives to seek legal action.

We all understand fully well that no amount of money can ever replace the loss of a loved one, but it can ease the financial burden after a loss and will allow the family to feel more at peace when the responsible person is held accountable for their actions.

Filing A Wrongful Death Claim in Redlands, CA

If your family member was killed as a result of someone else’s negligence, you will need the advice of a trained wrongful death attorney to guide you through your case. A time of mourning can be overwhelming on its own and the details involved in filing a civil action can add to stress and feeling of loss.

Wrongful death lawsuits are filed as a civil action as opposed to a criminal case. The burden of proof in a civil case is much easier to prove than the “beyond a reasonable doubt” requirement in a criminal case. The result of a civil case is to hold the defendant responsible through monetary punishment as opposed to jail time.

Redlands is in San Bernardino County, so wrongful death lawsuits from Redlands are generally filed at the San Bernardino Justice Center, the county’s civil courthouse in downtown San Bernardino. Your attorney handles the filing and court appearances, so you will not need to travel there yourself for most of the process.

People Who Can Bring The Case

A wrongful death lawyer can help you determine who should file the lawsuit, but essentially, only the survivors of a deceased person are permitted to bring a wrongful death lawsuit. However, not everyone related to the victim is eligible to file.

If the deceased was an adult, the surviving spouse or domestic partner and the surviving children can generally all take part in the lawsuit together, under California Code of Civil Procedure section 377.60. If there is no surviving spouse, domestic partner, or child, other dependents, including stepchildren, parents, or a putative spouse, may be able to file, but only if they can show they depended on the deceased person for support.

If the deceased is a child, the lawsuit can be brought by the surviving parents, or by grandparents if the parents did not survive the child. Special circumstances may allow for other relatives or beneficiaries to file the lawsuit.

Damages

A sudden death of a family member can come with many financial burdens attached. When negligence or intentional wrongdoing leads to the death of a person, certain heirs can recover damages that have occurred or will occur as a result of the untimely death. These damages are separate from the decedent’s estate and come in the form of economic and non-economic payments.

Economic damages might include loss of the financial support the family would have received during the decedent’s lifetime, along with funeral and burial expenses. Non-economic damages might include the loss of parental guidance for children, the reasonable value of household services the decedent would have provided, and the loss of spousal companionship.

California law does not let a family recover money for their own grief or sorrow, under CCP § 377.61. Instead, the law looks at what the relationship itself provided, such as love, care, comfort, and support. Other damages may also be awarded under special circumstances, and your attorney can review your case to determine if you qualify for these.

Recent Changes to California Wrongful Death Law

California law around death claims changed on January 1, 2026. For several years, a temporary law let a deceased person’s estate recover money for the pain and suffering the person went through before they died, through a separate type of claim called a survival action. That temporary rule expired at the start of 2026, and the legislature did not renew it.

For survival actions filed on or after January 1, 2026, the estate can generally only recover economic losses, such as medical bills and lost income, under CCP § 377.34. This change affects survival actions, not the standard wrongful death claim described above, but the two claims are often filed together after a death. It is worth asking your attorney which type of claim applies to your family’s situation.

Time Limits

When filing a wrongful death lawsuit, timing is key. Each action involves a different statute of limitations. The general rule under California Code of Civil Procedure section 335.1 requires a lawsuit to be filed within two years of the deceased person’s death, though the deadline can be shorter in some situations.

If a government agency or employee played a part in the death, you generally have only six months to file an administrative claim with that agency, under Government Code section 911.2, which is far shorter than the standard two-year deadline. Hiring an experienced attorney is better done sooner than later, to ensure proper filing of paperwork in a timely manner.

The insurance companies typically have a very seasoned team of attorneys on their side of the table. Complex litigation should not be attempted on your own. Duque & Price is an experienced wrongful death law firm that has represented Southern California families since the firm was founded in 2006, with offices in Redlands, California. We’re compassionate, and we’re sensitive to the fact that our clients have suffered an enduring and permanent loss.

At Duque & Price, our staff of wrongful death attorneys represent injured people through our offices across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after a wrongful death.

Contact our Redlands Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.

Frequently Asked Questions

What is a wrongful death claim in California?

A wrongful death claim is a civil lawsuit that lets certain family members seek money after a death caused by someone else’s negligence or wrongdoing. It is separate from any criminal case against the person responsible.

Can stepchildren file a wrongful death claim in California?

Yes, but only if they were financially dependent on the deceased person at the time of death. Stepchildren do not have the same automatic right to file as biological or legally adopted children.

What damages can my family recover in a wrongful death case?

Families can recover economic losses, such as lost financial support and funeral costs, and non-economic losses, such as the loss of a loved one’s companionship and guidance.California courts have interpreted CCP § 377.61 to mean a family cannot recover money for their own grief or sorrow.

Is a wrongful death claim the same as a survival action?

No. A wrongful death claim belongs to the surviving family. A survival action belongs to the deceased person’s estate and covers losses the person suffered before death, such as medical bills and, in limited cases filed before 2026, pre-death pain and suffering.