Common Defenses in Riverside Wrongful Death Cases

When families pursue a wrongful death claim in Riverside, they often expect the at-fault party or their insurance company to accept responsibility. In many cases, however, defendants (at-fault parties) raise legal defenses to reduce or avoid liability.

Comparative Fault in Riverside Wrongful Death Claims

One of the most common defenses in wrongful death cases is comparative fault. Under California’s pure comparative negligence rule, each party is responsible for damages according to their percentage of fault. Defendants often argue that the deceased contributed to the accident in some way, such as:

• Driving above the speed limit
• Failing to follow traffic signals
• Not wearing a seat belt
• Engaging in distracted driving or impaired driving
• Entering a hazardous area without proper caution

If successful, this defense reduces the compensation available to the surviving family. For example, if the deceased is found 30 percent at fault, the total award is reduced by 30 percent.

Assumption of Risk

Defendants may claim the deceased knowingly engaged in an activity with inherent danger. This defense often arises in cases involving:

• Recreational activities
• Hazardous work environments
• Participation in sports or adventure events

To use this defense, defendants must prove the deceased understood the specific risks involved and voluntarily accepted them. Although assumption of risk does not apply to negligent or reckless behavior by the defendant, insurance companies sometimes raise it to weaken the family’s claim.

Lack of Causation

Defendants frequently argue that their actions did not actually cause the death. They may accept that an accident occurred but contend that:

• A pre-existing medical condition caused or contributed to the death.
• Another party’s actions were the real cause.
• The connection between the defendant’s behavior and the fatal outcome is not strong enough.

To overcome this defense, families must present medical evidence, expert testimony, and detailed accident analysis. Demonstrating clear causation is essential to be successful.

No Duty of Care

Another common defense involves disputing the defendant’s duty of care. If the defendant argues they had no legal obligation toward the deceased, they may try to avoid liability. This defense arises in cases where:

• The relationship between the parties is unclear.
• The defendant claims the harm was unforeseeable.
• The incident occurred outside the defendant’s control.

Proving that a duty existed is a foundational element of any wrongful death claim.

Statute of Limitations

California imposes strict deadlines for filing wrongful death lawsuits. Under California Code of Civil Procedure § 335.1, families generally have two years from the date of death to file a claim. Defendants may attempt to dismiss the case by arguing it was filed too late.

Exceptions exist in cases involving government entities or delayed discovery, but courts rarely extend deadlines without a valid legal basis.

Why Hiring a Wrongful Death Lawyer is Critical

Defendants and insurance companies use these defenses to minimize payouts or avoid responsibility entirely. An experienced Perris wrongful death attorney can:

• Investigate the accident and gather evidence that disproves false or exaggerated defenses.
• Work with accident reconstruction experts and medical professionals.
• Demonstrate causation and establish duty of care.
• Challenge improper attempts to shift blame to the deceased.
• Ensure the case meets all statutory deadlines.
• Negotiate aggressively and prepare for trial when necessary.

Legal representation gives families the peace of mind that their rights are protected and full compensation is being pursued.

Contact Hanson & Mouri

If your family is facing a Riverside wrongful death case, Hanson & Mouri will guide you through the legal process and fight for the justice your loved one deserves. Contact Hanson & Mouri online or call (951) 688-0006 to schedule a free consultation.