When a family loses someone because of another person’s negligence, the grief does not wait for the legal process to catch up. The insurance company does not wait either. Their adjuster is already working the case.
At Pérez Law, PC, our Ontario wrongful death lawyers represent families throughout Ontario, San Bernardino County, and the broader Inland Empire. Lead attorney Ricardo Antonio Pérez founded this firm in 1998 after 13 years as a licensed private investigator and insurance claims adjuster, work that taught him exactly how carriers build their defense, delay payment, and reduce what a family recovers. He uses that knowledge on the other side now.
Our personal injury lawyers have recovered millions for families in this region, including a $2,600,000 recovery for a minor plaintiff in a catastrophic injury matter and a $1,500,000 recovery for a family after a T-bone rollover collision.
Call (877) 622-5888 any time, day or night. Free consultation in English or Spanish. No fee unless we recover. Our office is at 822 N Euclid Ave, Ontario, CA 91762. Available 24/7.
No two cases are identical, and past results do not guarantee future outcomes.
FEATURED RESULT
When the Insurer Called a Fatal Crash a ‘Minor Impact’
The opposing carrier’s adjuster filed a report characterizing the commercial vehicle collision as a low-speed impact. Ricardo Antonio Pérez, drawing on his prior experience as a licensed claims adjuster, immediately issued preservation letters for the truck’s black box and electronic logging device data. The data showed the driver had exceeded federal hours-of-service limits by more than three hours before the crash. The insurer could not defend the report. The family received a settlement of $1,500,000.
Past results do not guarantee future outcomes. Every case is different.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit filed by surviving family members against the person or entity whose negligence caused their loved one’s death. Under California Code of Civil Procedure Section 377.60, the claim exists when a death results from another party’s wrongful act or neglect.
California does not require a criminal conviction for a wrongful death civil claim to succeed. Wrongful death is governed by a lower burden of proof than a criminal prosecution. A family can win even if no criminal charges were filed or a criminal case ended in acquittal. What it recovers: the financial support the deceased would have provided, household contributions, companionship, guidance, and daily presence. In cases involving intentional or reckless conduct, punitive damages may also apply under Civil Code Section 3294.
Common Causes of Wrongful Death
Motor vehicle collisions, commercial truck crashes, workplace fatalities, and traumatic brain injuries are the leading causes of wrongful death claims in Ontario and the Inland Empire. The I-10 and I-15 corridors through San Bernardino County are among the most heavily traveled in the region.
Motor Vehicle Collisions
Rear-end crashes, T-bone intersection collisions, DUI fatalities, and wrong-way freeway entry accidents account for the majority of wrongful death claims filed in San Bernardino County. Our Ontario car accident lawyers handle wrongful death claims arising from every collision type on local roads and freeways.
Commercial Truck Collisions
Fatal truck crashes on the I-10 corridor involve multiple liable parties: the driver, the carrier, the cargo loader, and the maintenance contractor. Building a complete liability picture against all responsible parties from the start is what separates adequate recoveries from full ones. Our Ontario truck accident attorneys have the commercial carrier litigation experience these cases require.
Traumatic Brain Injury
TBI-related deaths occur when an initial brain injury goes undetected or undertreated, or when post-injury complications cause a secondary fatal event. These cases require neurological expert testimony establishing the causal chain from the original impact to death. Our Ontario traumatic brain injury lawyers handle TBI-to-death claims with a specialized medical evidence strategy.
Workplace and Industrial Fatalities
Fatal workplace accidents, construction falls, electrocutions, and struck-by incidents give rise to both workers’ compensation death benefits and third-party wrongful death claims. California law allows families to pursue both. Our workers’ compensation attorneys and personal injury team coordinate dual-track workplace wrongful death matters throughout San Bernardino County and the Inland Empire.
Who Can File a Wrongful Death Claim?
California CCP Section 377.60 establishes a strict priority order for who has legal standing to file a wrongful death claim. Filing with the wrong plaintiff can lead to dismissal of the entire case.
- Surviving spouse or domestic partner: The spouse or registered domestic partner of the deceased has the primary right to file, regardless of whether there are children.
- Children of the deceased: Biological, adopted, and legally recognized children have standing. Stepchildren generally do not, unless they were financially dependent on the deceased.
- Parents of the deceased: Parents may file if there is no surviving spouse or children. A parent of an adult child may file only if they were financially dependent on the deceased.
- Siblings and other putative heirs: Siblings or other heirs may file only if they can demonstrate financial dependence on the deceased. This is harder to establish and fact-specific.
The eligible family member must retain legal counsel promptly. California’s two-year statute of limitations runs from the date of death, and missing it bars the claim entirely, regardless of how strong the evidence is.
Damages Your Family Can Recover
Wrongful death damages in California are divided into economic and non-economic categories. Together, they are designed to measure the full scope of what your family has lost.
Economic Damages
- Financial support the deceased would have provided over their lifetime, calculated using actuarial models of earning capacity, career trajectory, and life expectancy.
- Household services the deceased performed, valued at market replacement rates.
- Funeral and burial costs.
- Loss of expected gifts or benefits the deceased would have provided.
Non-Economic Damages
- Loss of love, companionship, comfort, and moral support.
- Loss of guidance and parental involvement, particularly significant in cases involving parents of minor children.
- The grief and mental suffering of surviving family members.
How Comparative Fault Affects Your Recovery
California’s pure comparative fault rule (established in Li v. Yellow Cab Co. (1975)), which allows the defense to argue the deceased was partially responsible for their own death. If a jury finds the deceased was 30 percent at fault, the family’s recovery is reduced by 30 percent. A $2,000,000 verdict becomes a $1,400,000 recovery. For families in Ontario and throughout San Bernardino County, countering comparative fault arguments is one of the most consequential decisions in the case.
Ricardo, Monique and the entire Perez Law team worked tirelessly on a long and difficult case on my behalf and saw it through to a wonderful conclusion. When character, ethics, and truth matter just as much as the outcome, Perez Law upheld the highest standard. Their dedication and integrity—along with the Grace of The Most High God—carried my family through to the very end and helped us get back on our feet again. All Glory to The Lord.
The Statute of Limitations and Critical Deadlines
Missing a filing deadline in a wrongful death case means losing the right to sue entirely. Two deadlines apply in California, depending on who caused the death.
- Private Property: Wrongful death claims against private parties must be filed within two years of the date of death under CCP Section 335.1.
- Government Entities: If the death was caused by a government entity, public employee, or public facility, the deadline drops to six months under Government Code Section 911.2. A written tort claim must be filed with the responsible agency before any civil lawsuit can proceed. This applies to deaths involving city buses, county maintenance trucks, public school vehicles, Caltrans-maintained roads, and municipal property.
Where Cases Are Filed
Wrongful death lawsuits from Ontario and San Bernardino County are heard at San Bernardino Superior Court, 303 W Courthouse Dr, San Bernardino, CA 92415, which handles all wrongful death matters arising from incidents throughout the county.
Preserving Evidence After a Fatal Accident
The hours following a fatal accident are the most critical period for evidence. Insurance companies begin building their defense narrative before families have had time to grieve. Preservation must begin immediately.
- Surveillance footage: Camera footage from commercial properties, gas stations, and traffic intersections throughout Ontario can be overwritten in as little as 24 to 72 hours. Legal hold letters must go out the same day.
- Vehicle data: Electronic control module (ECM) data, electronic logging device (ELD) records in commercial truck cases, and dashcam recordings are subject to carrier-controlled destruction. Preservation letters to the carrier must go out within 24 to 48 hours.
- Scene evidence: Skid marks, road conditions, traffic signal function, and property damage photographs must be documented before road crews, weather, and traffic alter the scene.
- Medical records: Fatal injury patients from the I-10, I-15, and SR-60 corridors are frequently transported to Arrowhead Regional Medical Center (400 N Pepper Ave, Colton, CA 92324), San Bernardino County’s Level II Trauma Center. Emergency records, GCS scores, imaging reports, and treating physician notes from ARMC are central to establishing the injury-to-death chain in any wrongful death claim.
- Accident reconstruction: An expert who inspects the scene within days of the crash produces far stronger testimony than one retained months later from photographs alone. Scene conditions change with the weather, traffic, and road crews.
Wrongful Death vs. Survival Action: Why Both Claims Matter
Most families are not told that California law provides two separate legal claims following a death caused by negligence. Filing only one leaves money on the table. The wrongful death claim under CCP Section 377.61 belongs to the survivors. It compensates the family for what they have lost going forward: financial support, companionship, and guidance. The survival action under CCP Sections 377.30 and 377.34 belongs to the estate. It recovers economic losses the deceased incurred between the moment of injury and the moment of death, including medical bills, lost wages, and related expenses.
As of January 1, 2026, pre-death pain and suffering are no longer recoverable in survival actions. Senate Bill 447, which temporarily permitted that recovery between 2022 and 2025, expired and was not renewed. Survival actions filed after January 1, 2026, are limited to economic losses only.
For Ontario families and those throughout San Bernardino County, filing both claims simultaneously is the correct strategy in virtually every fatal injury case. Our attorneys analyze both routes from the first call.
How Insurance Companies Handle Wrongful Death Claims
What happens in the 48 to 72 hours after a fatal crash determines the trajectory of the family’s legal case. Insurance companies know this, and their adjusters are deployed immediately. Ricardo Antonio Pérez worked inside that system as a licensed claims adjuster before becoming a California attorney in 1998. That background tells him which tactics the carrier will deploy and how to counter them.
In a commercial truck fatal crash, the carrier’s insurer dispatches an accident investigation team to the scene as quickly as the same day, while the family is still at the hospital. Their goal is to document the scene in a way that minimizes the carrier’s exposure, establish comparative fault against the deceased, and lock in their narrative early.
Common insurer tactics:
- Requesting recorded statements within days of the death.
- Framing informal conversations as admissions.
- Proposing early settlements before the full economic picture is known.
- Disputing the family relationship to challenge legal standing.
Pérez Law, PC responds with the same urgency for families throughout Ontario and San Bernardino County.
What to Expect: The Wrongful Death Case Process
Wrongful death cases are among the most complex personal injury claims in California. Here is what the process looks like from the first call to resolution.
Phase 1: Investigation and Evidence Assembly (Weeks 1 to 12)
From the first call, our attorneys send preservation letters, engage investigators, secure medical records, and build the damages model. For commercial vehicle cases, we retain a federal trucking regulatory compliance expert within the first two weeks. For premises liability or product defect cases, we retain the appropriate liability expert early. This phase establishes who was at fault and the full economic value of the loss.
Phase 2: Demand and Negotiation (Months 3 to 18)
Once medical records and the investigation are complete, we prepare a demand package covering expert opinions and the full economic analysis. Most wrongful death cases resolve at this stage. Our attorneys recovered $1,500,000 for an Ontario family after a fatal rollover collision.
Phase 3: Litigation and Trial (If Required)
If the insurer will not offer fair value, we file suit in the San Bernardino Superior Court. Our lawyers have litigated wrongful death cases since 1998. Every case is prepared for trial from day one. Carriers know which firms try cases, and that shapes the offers they make.
Start a free consultation online.
Why Families in Ontario Trust Pérez Law, PC
Families throughout Ontario and San Bernardino County choose Pérez Law, PC for one reason: we know how the other side works, and we use that knowledge to fight for full recovery.
- 40+ Years Fighting for Families: Our founding attorney, Ricardo Antonio Pérez, began in 1985 as a licensed private investigator, then as a claims adjuster, and has practiced as a California-licensed attorney since 1998. Before founding this firm, he oversaw case intake and trial strategy at two established personal injury firms, learning how carriers evaluate, delay, and reduce the value of wrongful death claims from the inside.
- Trial-Ready From Day One: We prepare every wrongful death case for trial from the first call.
- Available 24/7: We are available any time, day or night, for families throughout Ontario and San Bernardino County.
- Bilingual and Locally Rooted: We handle every case personally in English and Spanish.
- Client-Verified Rating: We have earned a 4.8-star rating from more than 157 Google reviews from Ontario-area clients.
- No Fee Unless We Recover: We handle wrongful death cases on a pure contingency basis. We advance all case costs. Our fee is a percentage of the recovery, disclosed in writing before anything is signed. If we do not win, families owe us nothing.
I had a great experience with this law firm. From start to finish, the team was professional, responsive, and genuinely supportive. They kept me informed throughout the entire process and made a stressful situation feel manageable. I felt well taken care of. I am very satisfied and grateful for their help.
Areas We Serve
At Pérez Law, PC, we represent wrongful death families throughout San Bernardino County and the greater Inland Empire. All wrongful death lawsuits from this region are filed at the San Bernardino Superior Court, 303 W Courthouse Dr., San Bernardino, CA 92415.
Inland Empire:
- Ontario
- Pomona
- Rancho Cucamonga
- Fontana
- Chino
- Upland
- Montclair
- San Bernardino
- Redlands
- Rialto
Frequently Asked Questions About Wrongful Death Claims
How Long Do I Have to File a Wrongful Death Claim in California?
The general statute of limitations is two years from the date of death under CCP Section 335.1. However, if a government entity was involved, the deadline is six months from the date of death under Government Code Section 911.2. Missing either deadline bars the claim entirely.
Who Receives the Wrongful Death Settlement Proceeds?
Under California law, settlement proceeds in a wrongful death case are divided among the eligible surviving plaintiffs according to their respective losses. The distribution is determined through agreement among the parties or, if they cannot agree, by the court. In most cases involving a spouse and children, a written apportionment agreement is reached as part of the settlement process.
Can I File a Wrongful Death Claim if the At-Fault Driver Was Also Charged Criminally?
Yes. A civil wrongful death claim and a criminal prosecution proceed independently. The criminal case requires proof beyond a reasonable doubt. The civil claim requires only a preponderance of the evidence. A criminal conviction is not required for a successful wrongful death recovery.
What Is a Survival Action, and How Does It Differ From Wrongful Death?
A survival action recovers what the deceased experienced between the injury and the moment of death: physical pain, suffering, fear, and medical bills incurred before death. It is brought on behalf of the estate, not the surviving family members. A wrongful death claim recovers forward-looking losses for the family. Filing both is almost always the correct strategy for maximum recovery.
Should I Accept an Early Settlement Offer From the Insurance Company?
No. Early settlement offers are structured to close the claim before the full extent of losses is known. Once a release is signed, the claim cannot be reopened. Contact our office before signing anything.
Does the Deceased’s Partial Fault Affect My Recovery?
Yes. California’s pure comparative fault rule reduces the family’s recovery by the deceased’s percentage of fault. For example, if the deceased is found 30 percent at fault on a $1,000,000 claim, the recovery is $700,000. Evidence preservation and early expert retention directly affect how fault is allocated.
What Does the Case Process Look Like From the First Call to Resolution?
Investigation and evidence preservation run through the first 12 weeks. Expert retention and damages modeling follows. A formal demand is submitted to the carrier, negotiations begin, and if the carrier will not offer fair value, we file suit in the San Bernardino Superior Court. Most cases resolve through negotiation.
Start Your Free Case Evaluation Today
You have already lost the person who mattered most. The legal process should not take more from your family. At Pérez Law, PC, we handle every aspect of your wrongful death claim, from the first preservation letter to the final resolution, at no cost unless we recover.
Call (877) 622-5888 or fill out our online form. Our office is at 822 N Euclid Ave, Ontario, CA 91762. Se habla español. No win, no fee.
Working with Alani, Stephany, Lydia, and Cristel on my case was honestly a great experience from the beginning. They were always attentive, professional, and really upfront with me, which I appreciated a lot. They explained everything clearly and made the whole process feel way less stressful. Lydia was especially a joy to talk to anytime I called, she was patient, kind, and always made sure I understood what was going on. Every time I reached out, I felt respected and taken seriously. They’re all such tremendous people, and I’m genuinely grateful for everything they did for me. I would absolutely recommend them.