Losing a family member because of someone else’s negligence is emotionally devastating. But such a loss often comes with practical burdens as well: funeral costs, lost income, unanswered questions, and everyday concerns that add to the grief. Those burdens do not have to fall solely on the family: California law allows certain surviving family members to seek compensation in these situations, and an Encino wrongful death lawyer can help make sense of what that means for a specific family’s circumstances.
Greene Broillet & Wheeler has represented Southern California families in wrongful death cases for over five decades, including claims involving fatal car accidents, truck collisions, defective products, and dangerous property conditions throughout the San Fernando Valley. During such a difficult time, our team may be able to help a family understand who is eligible to file, gather the evidence a claim requires, and pursue the full compensation the family may be owed.
Pursuing compensation involves specific legal and investigative work, and understanding what a lawyer does in the weeks after a loss can provide valuable peace of mind during an incredibly challenging time. An Encino wrongful death lawyer takes on that work directly:
Insurance companies often move quickly after a fatal accident, sometimes offering a settlement before the full scope of a family’s damages becomes clear. Legal representation helps prevent families from accepting less than a claim may be worth.
A settlement is only fair when it is measured against what the law actually allows, and that is determined by a specific legal framework. A wrongful death claim allows certain surviving family members to seek compensation when a preventable death results from another party’s negligence or intentional conduct. Families generally have two years from the date of death to file, though certain circumstances can affect that timeline.
Compensation in these cases often covers burial and funeral costs, lost financial support and household services the deceased would have provided, and the loss of companionship and guidance for surviving family members.
Not every family member holds equal standing to bring a claim. Under California Code of Civil Procedure section 377.60, the following individuals may file a wrongful death lawsuit, in order of priority:
More than one family member may join the same lawsuit, and each can present evidence of an individual relationship and financial loss.
Who may file is only part of the picture, since a family’s legal options do not stop at a single type of claim. A wrongful death claim compensates surviving family members for their losses, including lost financial support and the loss of love and companionship. A survival action, by contrast, is brought on behalf of the deceased’s estate to recover damages the deceased could have claimed had they survived, such as pre-death medical expenses and lost income.
Both claims can apply to the same incident, so families often need help determining which applies. An Encino wrongful death lawyer at Greene Broillet & Wheeler can help determine whether a case calls for one claim or the other, or both, depending on the estate and circumstances involved.
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Fatal accidents in Encino and throughout the San Fernando Valley arise from a range of preventable circumstances, including:
Each cause carries distinct evidentiary requirements. Identifying how a death occurred often determines which sources of insurance coverage apply.
Once the cause of death is clear, the next challenge is proving who should be held responsible. This requires showing that another party owed a duty of care, breached that duty, and caused the death through negligent or intentional conduct. California’s comparative fault framework allows recovery even when multiple parties share responsibility, with damages adjusted according to each party’s proportional share of fault.
Building this argument demands more than a police report. An Encino wrongful death lawyer works to reconstruct how the incident occurred, consulting engineers, medical professionals, and accident reconstruction specialists when the facts call for it.
Reconstructing how the incident occurred relies on specific categories of evidence, and certain ones consistently strengthen a wrongful death claim in Encino:
Preserving this evidence quickly matters, since surveillance footage can be deleted within days and physical evidence can be repaired, removed, or lost before an investigation begins.
California law allows surviving family members to seek both economic and non-economic damages following a wrongful death.
The goal is not to place a value on a life, but to address the financial and personal void a preventable death leaves behind for the people who depended on the person most.
| Type of Damages | What It May Include |
|---|---|
| Economic Damages | Funeral and burial expenses, lost income and benefits, and lost household services |
| Non-Economic Damages | Loss of companionship, comfort, care, affection, and moral support |
Under CACI No. 3902, California divides wrongful death losses into economic and non-economic damages. The economic category includes funeral and burial expenses, the income and benefits the deceased would have provided, and the value of lost household services.
The non-economic category is harder to quantify. It covers the loss of companionship, comfort, care, affection, and moral support that the deceased provided. Since there is no set formula for this type of loss, documentation from family members, close friends, and financial experts often helps establish its full scope.
Choosing the right Encino wrongful death lawyer affects how a claim develops, how evidence gets preserved, and how compensation gets pursued. Greene Broillet & Wheeler’s approach to wrongful death claims includes the following:
Our commitment to trial preparation and thorough case-building has produced significant case results, including a $14.4 million verdict in Pascua/White v. Industrial Asphalt, after an improperly serviced asphalt truck caused a chain collision, resulting in brain damage to a nephrology surgeon and the deaths of her husband and 81-year-old mother. In another case, the firm reached a $5 million settlement for a family whose loved one was killed as a passenger when a truck driver lost control and rolled down an embankment into traffic.
Past results do not guarantee similar outcomes, but they demonstrate our commitment to thorough investigation and trial-ready preparation in even the most complex wrongful death cases.
Every wrongful death claim moves through a defined process once a family decides to proceed. Evidence preservation comes first, followed by an evaluation of every potential source of liability and insurance coverage. From there, our team builds a robust complaint to initiate a lawsuit and demand compensation supported by documentation of medical, financial, and personal impact. These cases are typically handled on a contingent fee basis, an arrangement in which payment depends on securing a recovery rather than requiring upfront legal fees.
Once the defendants have answered the complaint, discovery commences, where both sides exchange evidence, and the claim may settle at any point along the way. If the parties do not reach a fair resolution, the case proceeds to trial, where a jury determines the outcome.
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No family should have to navigate this process alone. At Greene Broillet & Wheeler, our Encino wrongful death lawyers work to hold negligent parties accountable and help families understand their legal options. If you or someone you love has lost a family member due to another party’s negligence, contact us today at (866) 634-4525 to schedule a free consultation.
Tim J. Wheeler is the Firm’s Managing Partner and a highly accomplished California trial lawyer with decades of experience in product liability, personal injury, employment, and complex negligence cases. He has secured over 150 verdicts and settlements exceeding $1 million, including landmark results such as the largest personal injury verdict against the City of Los Angeles at the time and record jury awards for brain injury and wrongful termination cases. Tim is a former Personal Injury Lawyer of the Year and Product Liability Lawyer of the Year in Los Angeles, and a long-standing honoree of Best Lawyers in America and Super Lawyers.
Generally, a surviving spouse, domestic partner, or child of the deceased holds priority to file. If none exist, other heirs entitled to inherit through intestate succession, such as parents or siblings, may bring the claim.
A wrongful death lawsuit generally must be filed within two years of the date of death, though exceptions may apply depending on the circumstances. Claims against a government entity often require a formal claim within six months, making early legal guidance important.
Families may recover economic damages, such as lost financial support and funeral expenses, and non-economic damages for loss of companionship and care. Value depends on the case, which is why families often consult an Encino wrongful death lawyer to understand what their claim may be worth.
Proving wrongful death in a negligence case requires showing that another party owed a duty of care, breached that duty, and caused the death, which resulted in measurable losses to survivors. Evidence such as police reports, medical records, and expert analysis typically supports these elements
Named in Best Lawyers® “Best Law Firms,” Greene Broillet & Wheeler, LLP ranks as Tier 1 Personal Injury Litigation- Plaintiffs in Los Angeles.
Many firm members have been honored by the Consumer Attorneys of California, including Browne Greene, Christine Spagnoli, and Bruce Broillet, recipients of the Marvin E. Lewis Award. In addition, attorneys Bruce Broillet, Scott Carr, Molly McKibben, and Tobin Lanzetta has been honored with the Consumer Attorney of the Year Award.
All of our attorneys are proud to be active members of the Los Angeles County Bar Association or LACBA.
Our attorneys were featured in TopVerdict for having one of the Top 10 Wrongful Death Verdicts in California in 2019, with $15 million won for the plaintiff in Keck v. Bel-Air Bay Club.
Partners Geoff Wells and Ivan Puchalt were both named among the 2025 Consumer Attorney Visionaries by LA Times Studios.
Several partners are active members in the Consumer Attorneys Association of Los Angeles, with attorneys Browne Greene, Bruce Broillet, and Christine Spagnoli named “Trial Lawyer of the Year.”
Firm partners Christine D. Spagnoli and Molly McKibben have both been honored by the Women Lawyers Association of Los Angeles and are active members.
After winning $2.6 million for the plaintiff’s side in a head-on collision case, our victory was named in the Top 50 Personal Injury Verdicts in California in 2019 by TopVerdict.
Several of our partners are members in the American Board of Trial Advocates, a national invite-only association consisting of the most experienced trial lawyers.
Our team includes several Fellows and Associates with the invite-only International Society of Barristers in recognition of their trial advocacy.
Greene Broillet & Wheeler, LLP, was featured by TopVerdict in the Top 100 Settlements across all practice areas in California for 2019.
Bruce A. Broillet and Christine D. Spagnoli are Fellows with the invite-only International Academy of Trial Lawyers, a group of elite trial lawyers from over 30 countries.
Recipients of this recognition are held up to the same standards as for The Best Lawyers in America, but only legal professionals in the first ten years of their careers qualify. Four attorneys at GBW have been recognized with this award in 2021.
Founding partners Browne Greene and Bruce A. Broillet are both members of the exclusive invite-only Inner Circle of Advocates, as two of the top 100 plaintiff trial lawyers in America.
Our firm has more attorneys on the Super Lawyers® and Rising Stars lists than any other law firm in Southern California, with 15 members selected.
This page was written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Greene Broillet & Wheeler LLP.
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