Encino Wrongful Death Attorney | Prestige Law Firm P.C.

Q: Do I have to pay upfront to hire Prestige Law Firm P.C.?

No. We work on a contingency fee basis.

Q: What if my loved one was partly at fault?

California follows comparative negligence principles, meaning compensation may still be available even if the deceased was partially responsible, subject to adjustment based on fault and the specific facts of the case.

Q: What if the negligent party has little or no insurance?

We explore all avenues including employer liability, property owner liability, product manufacturers, or additional insurance policies to pursue the compensation available under applicable law.

Q: How soon should I contact an attorney after the death?

As soon as you’re able. Early legal guidance can help with evidence preservation and deadline awareness.

Encino Wrongful Death Lawyer Providing Attorney-Led Guidance

Losing a loved one because of someone else’s negligence is one of the most devastating experiences any family can face. Beyond the emotional grief, there are often overwhelming financial burdens, funeral expenses, lost income, and the uncertainty of what comes next.

During such a painful time, you deserve more than sympathy, you deserve a legal team that can advocate for accountability through the legal process.

At Prestige Law Firm P.C., our Encino wrongful death attorneys stand beside families throughout Los Angeles County with compassion, clarity, and determination.

We understand that no amount of compensation can replace your loss. Through the civil legal process, families may pursue accountability and seek financial support permitted under California law.
With over two decades of experience in personal injury and wrongful death litigation, we thoroughly investigate each case, work with top experts, and pursue every available avenue, from settlement negotiations to trial, to guide you through the legal process with clarity and respect.

1 min read

A wrongful death claim allows surviving family members to pursue compensation when a loved one’s death was caused by negligence or misconduct. Eligible family members may recover financial and non-economic losses under California law. Prestige Law Firm P.C. provides compassionate, attorney-led guidance to help families understand their options and navigate the legal process.

What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit filed when someone’s negligent, reckless, or intentional actions cause another person’s death. The goal of this claim is not to punish the offender through criminal penalties, but to help surviving family members recover financial compensation for the emotional and economic losses they have suffered.
In California, wrongful death cases seek to hold individuals, companies, or entities accountable for preventable deaths caused by:

Vehicle accidents, including car, truck, motorcycle, and rideshare collisions

Workplace or construction site accidents
Medical malpractice or surgical errors
Criminal negligence or violent acts
Defective products or unsafe property conditions

These claims recognize that the consequences of negligence extend far beyond the victim, they deeply impact spouses, children, and dependents who rely on that person for love, guidance, and financial support.

Unlike a criminal case, which focuses on guilt and punishment, a wrongful death lawsuit is a civil action that focuses on compensation and justice for the surviving family.

Who Can File a Wrongful Death Lawsuit in California?

Not everyone is legally entitled to bring a wrongful death claim in California. The state’s law, California Code of Civil Procedure §377.60, carefully defines who has the right to file. Unlike some states that limit this right to an estate representative, California allows immediate family members and financial dependents to pursue a wrongful death action directly.

Primary Claimants

The first right to file usually belongs to:

Surviving Spouse or Domestic Partner: The decedent’s lawful spouse or registered domestic partner has priority to file a wrongful death claim. In some cases, they may choose to waive this right to allow another qualified family member to file.
Children and Grandchildren: If there is no surviving spouse, any surviving children, biological, adopted, or stepchildren, may bring the claim. If the deceased’s children have also passed, surviving grandchildren can file in their place. For minors, a court-appointed guardian can represent their interests.

California’s Priority Rules for Wrongful Death Claims

California law establishes a hierarchy to prevent duplicate filings. Priority typically follows this order:

Spouse or domestic partner and surviving children
Parents (if no spouse or children exist)
Other heirs or financial dependents

In essence, the closer the family relationship or financial dependency, the stronger the legal right to pursue compensation for a wrongful death.

Dependent Minors and Other Dependents

Children or stepchildren who were not legally adopted but lived with the deceased for at least six months and were financially dependent for at least half of their support may also qualify to file.
This includes putative spouses (those who believed in good faith they were married to the decedent) and other dependents who relied on the deceased for care or income.

Parents and Next of Kin

If the deceased had no surviving spouse or children, the right to file passes to the parents. When no immediate family exists, California’s intestate succession laws determine eligibility, extending to heirs such as stepparents, siblings, nieces or nephews, and grandparents.

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What Damages Can Be Recovered in a California Wrongful Death Case?

Victims of dog attacks in Encino have the right to pursue compensation for both financial and emotional losses caused by the incident.
California law allows recovery for a broad range of damages, not only for medical treatment and income loss, but also for the pain, anxiety, and long-term effects that often follow a serious dog bite.

1

Economic Damages

These compensate for the measurable financial losses suffered as a result of the death, including:

Funeral and Burial Expenses: Families can recover the reasonable costs of funeral services, cremation or burial, caskets or urns, plots, headstones, and related memorial expenses.
Lost Income and Financial Support: Compensation may include the wages, benefits, and household contributions the deceased would have provided throughout their expected lifetime. Juries consider factors such as the deceased’s health, occupation, lifestyle, and life expectancy when determining these amounts.
Loss of Benefits and Gifts: Family members can recover the estimated value of financial gifts or support they would have reasonably received had their loved one lived.

A wrongful death award for future financial support is typically paid as a lump sum, intended to provide the equivalent of the deceased’s lifetime contributions.

2

Non-Economic Damages

These address the personal and emotional losses that cannot be measured in dollars. They may include compensation for the loss of:

Love and Companionship
Comfort and Care
Affection, Protection, and Moral Support
Society and Guidance
Training and Household Services

These intangible damages often make up a significant portion of wrongful death awards. The jury determines the value based on the evidence and their collective sense of fairness.

3

Pain and Suffering (Survival Actions)

Senate Bill 447 permits the deceased’s estate, through a separate survival action, to recover damages for the decedent’s pain, suffering, or disfigurement in actions filed between January 1, 2022 and December 31, 2025.

4

Punitive Damages

Punitive damages are not typically available in a California wrongful death lawsuit, even if the defendant’s conduct was grossly negligent.
Punitive damages are generally not recoverable in a California wrongful death claim. In limited circumstances, punitive damages may be pursued through a survival action when the defendant’s conduct qualifies under California law, such as in cases involving felony homicide.

At Prestige Law Firm P.C., our wrongful death attorneys help families identify and document every category of loss. We help document economic and non-economic losses and present them as part of the claim.

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Wrongful Death vs. Survival Action, What’s the Difference?

When a loved one dies due to negligence or misconduct, California law allows two types of civil claims that may arise from the same incident: a wrongful death action and a survival action. While they often go hand in hand, these lawsuits serve different purposes, involve different parties, and provide compensation for different kinds of losses.

A wrongful death claim is brought by surviving family members, such as a spouse, domestic partner, children, or other eligible heirs, when another person’s negligence causes a death.
The focus of this claim is on the family’s loss, both emotional and financial. It compensates survivors for what they’ve lost because their loved one is no longer alive to provide care, companionship, and support.
Typical damages in a wrongful death case include:

Loss of love, companionship, comfort, and guidance
Loss of financial support or expected income
Funeral and burial expenses
Emotional suffering and loss of consortium

These damages are paid directly to the surviving heirs, not to the deceased’s estate.

A survival action is different. It allows the deceased person’s estate or personal representative to continue or initiate a claim that the deceased could have filed if they had lived.
This claim focuses on the damages the victim personally suffered before passing away, such as:

Medical expenses incurred between injury and death
Lost wages from the time of injury until death
Pain and suffering experienced before passing (currently recoverable in California under Senate Bill 447)

Unlike a wrongful death claim, compensation from a survival action is paid to the estate and distributed to heirs according to the will or state succession laws.

So, a wrongful death claim is filed by family members to recover their own losses with payments going directly to them. A survival action is brought by the estate to recover what the deceased suffered before death. Those proceeds are distributed through the estate.

Statute of Limitations for Wrongful Death in California

In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. This means surviving family members or representatives must file their claim within that period to preserve their legal right to compensation.

However, when the claim involves a government entity, for example, a fatal accident caused by a city vehicle or on government property, the deadline is much shorter. Families must file a formal claim notice within six months of the death before proceeding with a lawsuit.

Deadlines apply in wrongful death cases, and evidence can be harder to obtain over time. The longer you wait, the harder it becomes to locate witnesses, gather records, and secure reliable evidence.

Consider speaking with an attorney promptly to understand deadlines and help avoid missing filing requirements.

Common Causes of Wrongful Death in Encino

Encino and the greater San Fernando Valley see a wide range of fatal accidents each year, many of which could have been prevented with proper care, attention, or safety measures. At Prestige Law Firm P.C., our personal injury attorneys have represented families in wrongful death cases caused by negligence in everyday environments, on busy streets, and in the workplace.
Some of the most common causes of wrongful death in Encino include:

1. Vehicle Collisions on Ventura Blvd and US-101

Distracted, speeding, and impaired drivers frequently cause fatal crashes involving cars, trucks, pedestrians, and cyclists.

2. Truck and Commercial Vehicle Accidents

Large trucks and delivery vehicles pose a serious threat on Encino’s major routes, often leading to deadly collisions when drivers fail to yield or follow safety protocols.

3. Construction and Workplace Fatalities

Unsafe worksites, lack of training, equipment failures, or exposure to hazardous conditions can result in tragic on-the-job deaths.

4. Fatal Falls in Homes or Businesses

Property owners may be held liable when unsafe stairs, poor lighting, or neglected maintenance lead to fatal slip or trip accidents.

5. Defective or Dangerous Products

Faulty designs, manufacturing defects, or a company’s failure to warn consumers about risks can lead to fatal injuries and product liability claims.

Each of these cases demands thorough investigation, expert analysis, and decisive legal action. We are committed to uncovering the truth behind every tragedy and pursuing accountability through available legal remedies.

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Injured in a car accident or due to someone else’s negligence? Prestige Law’s experienced injury attorneys are ready to fight for you.
Book your free consultation today and let us help you win the compensation you deserve.

Book your free consultation today and let us help you win the compensation you deserve.

Book a Free Consultation

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Legal Process and Venue for Wrongful Death Cases in Encino

Wrongful death cases involving Encino are often handled through Los Angeles County Superior Court locations serving the San Fernando Valley, including Van Nuys-area courthouses, depending on the facts and parties involved.

This venue handles a large portion of the area’s civil cases, including wrongful death, personal injury, and negligence actions.

At Prestige Law Firm P.C., our attorneys regularly practice in the Van Nuys Courthouse and are familiar with its procedural requirements and local practices. This experience helps us manage filings, hearings, and case preparation in accordance with applicable court rules and schedules.

We also understand how major insurance companies and defense firms approach these cases, helping us approach negotiations with a clear understanding of common insurer practices.

Prompt attention can help with evidence preservation and procedural deadlines. The sooner an attorney begins investigating, the greater the chance of preserving critical evidence, including police and accident reports, autopsy results, surveillance footage, and witness statements.

Evidence That Matters for Proving Wrongful Death

When a loved one dies due to negligence or misconduct, California law allows two types of civil claims that may arise from the same incident: a wrongful death action and a survival action. While they often go hand in hand, these lawsuits serve different purposes, involve different parties, and provide compensation for different kinds of losses.

To prove a wrongful death claim in California, families must do more than show that a death occurred, they must prove that another party’s negligence or misconduct directly caused it. This requires building a strong factual foundation supported by credible evidence and expert testimony.
A successful claim typically establishes four key elements:

Duty of Care: The defendant owed a legal duty to act reasonably to prevent harm.
Breach of Duty: That duty was violated through negligence, recklessness, or intentional wrongdoing.
Causation: The breach directly led to the victim’s death.

Damages: The death caused measurable financial and emotional harm to surviving family members.

To meet this burden of proof, your legal team may gather a range of evidence, including:

Medical Records and Autopsy Reports proving cause of death and linking it to negligent actions.
Police or Accident Reports that document what happened, who was involved, and contributing factors. Fatal traffic collisions often require accident reconstruction, something our Encino car accident lawyer team handles extensively.
Eyewitness Accounts and Surveillance Footage offering first-hand perspectives or visual proof.
Expert Testimony from medical professionals, accident reconstructionist, and economists to explain how the death occurred and quantify losses.
Employment and Financial Records showing lost income or support.
Physical and Documentary Evidence, such as photos, body cam videos, or safety inspection reports

Every piece of evidence helps connect the facts and establish accountability, ensuring the court sees not only how the tragedy occurred but also why it should never have happened.
We work with qualified investigators and experts, when appropriate, to develop evidence to support your claim.

Steps to Take After a Slip and Fall in Encino

Losing someone unexpectedly is overwhelming, and the decisions made in the first days and weeks can have a major impact on your family’s legal rights. Taking a few essential steps early on can help protect your claim and ensure that critical evidence is preserved.

1

Obtain the Death Certificate

Request an official death certificate as soon as possible. This document is required for insurance claims, legal filings, and establishing the cause and timeline of death. Make several certified copies for your records.

2

Preserve Medical and Insurance Records

Keep every medical document connected to the incident, hospital records, doctor notes, coroner or autopsy reports, emergency room paperwork, and insurance correspondence. These records form the foundation of a wrongful death claim and help establish what happened.

3

Avoid Premature Settlements

Insurance companies often contact families early, hoping to offer a quick, low settlement before the facts are clear. Do not sign documents, give recorded statements, or agree to compensation without legal guidance. Early mistakes can permanently limit your rights.

4

Avoid Communication With Insurance Companies

Insurance companies often reach out quickly after a fatal incident, appearing helpful while working to limit their financial responsibility. Do not speak with adjusters, provide recorded statements, sign documents, or discuss the circumstances of the death, even casually. Anything you say can later be used to reduce or deny your claim. The same applies to employers, property owners, hospitals, or any opposing parties involved.

5

Collect Photos, Correspondence, and Witness Information

Save anything related to the incident, photos of the scene, damaged property, written communications, text messages, and the names and contact information of witnesses. Even small details can become crucial later, especially as memories fade.

6

Contact Prestige Law Firm P.C.

Some situations may involve time-sensitive evidence preservation and filing deadlines. Early involvement can help with evidence preservation efforts and initial case evaluation, protect your family from insurance pressure, and begin building a strong case. Our attorneys can guide you through each step and help you understand and protect your legal options.

Why Families Choose Prestige Law Firm P.C.?

Selecting the right wrongful death attorney is one of the most important decisions a family can make after a tragedy. Prestige Law Firm P.C. is trusted across Encino and the San Fernando Valley because we combine thorough legal preparation with genuine compassion. Below are the core reasons families consistently place their confidence in our team.

Decades of Experience in Wrongful Death & Catastrophic Injury Cases

We bring decades of combined experience handling some of the most complex and emotionally challenging wrongful death cases in California. Our attorneys understand the legal, medical, and investigative demands of these claims from reconstructing fatal collisions to exposing medical negligence. This depth of experience in catastrophic injury cases helps us identify issues early, assess evidentiary needs, and prepare cases for negotiation or litigation.

We Prepare Every Case for Trial, Not Just Settlement

While many firms accept quick offers, Prestige Law Firm P.C. is built on the philosophy that you don’t just settle, you prepare the case thoroughly.
We investigate thoroughly, work with top-tier experts, and structure every case as if it’s going before a jury. This approach signals to insurance companies that we will not accept lowball offers, which can support informed negotiations, depending on the facts, law, and evidence.

Access to Leading Expert Witnesses & Litigation Resources

Wrongful death cases often require specialized testimony to prove fault, causation, and the financial impact on surviving family members.

We work with respected medical experts, accident reconstruction specialists, economists, and industry professionals. Their analysis helps us present clear, persuasive evidence that withstands scrutiny in negotiation and in court.

Insider Knowledge of Insurance Company Tactics

Founding attorney Paul Aghabala previously worked as defense counsel for major insurance carriers, and several team members are former auto insurance adjusters. This insider perspective gives us unique insight into how insurers evaluate claims, delay cases, and try to minimize payouts. We are familiar with common insurer evaluation practices and use that perspective to inform case strategy.

Transparent Communication & Compassionate Support

Families grieving a wrongful death need honesty, clarity, and support. Our firm is known for direct communication, transparent updates, and unwavering compassion. We explain key steps, respond to questions, and provide regular updates, and make sure clients feel respected and informed from the first consultation through resolution. We aim to keep clients informed with regular updates and direct communication.

Contingency Fee Representation

We operate entirely on a contingency fee basis. That means families never pay upfront costs, hourly fees, or retainers.

This approach ensures that every family, regardless of financial situation, has access to top-tier legal representation during one of the hardest moments of their life.

Experience With Complex, High-Value Wrongful Death Cases

Prestige Law Firm P.C. has represented families in wrongful death matters involving substantial alleged damages and complex legal and factual issues. Our attorneys are experienced in managing cases that may require extensive investigation, expert testimony, and litigation preparation. We prepare each matter with the expectation that it may proceed to trial if resolution cannot be reached through negotiation.

Respected, Award-Winning Legal Team

Our attorneys have been recognized by Super Lawyers®, Rising Stars, and respected legal organizations across California.

These awards represent peer recognition, proven litigation skill, and consistent professional excellence, qualities that matter when selecting an attorney for a wrongful death case.

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Legal Support for Families After a Wrongful Death

Losing a loved one due to negligence is an unimaginable burden, but you do not have to face the legal aftermath alone. We are committed to standing with your family, uncovering the truth, and advocating for your legal rights.
Our Encino wrongful death attorneys can evaluate potential next steps, including evidence preservation, where appropriate.
If you believe your loved one’s death could have been prevented, you may want to speak with an attorney to understand deadlines and options. Early legal guidance can help with evidence preservation and meeting deadlines.
Contact our Encino office today for a free, confidential consultation.
Phone: 818-425-9815
Address: 15915 Ventura Blvd, Penthouse 5, Encino, CA 91436
Request a confidential consultation to discuss your legal options.

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FAQ

What qualifies as wrongful death in California?

A wrongful death occurs when someone’s negligence, recklessness, or intentional actions cause another person’s death. This includes fatal crashes, medical malpractice, unsafe property conditions, workplace accidents, and more.

Do I have to pay upfront to hire Prestige Law Firm P.C.?

What if my loved one was partly at fault?

What if the negligent party has little or no insurance?

How soon should I contact an attorney after the death?

What Our Client Say About Us

Thank you Prestige law firm. They are great at communicating and providing updates. Thank you Mr. Paul and Team.

Sam Aguila
Estoy muy agredecido con Paul. El abogado Paul me ayudo con mi caso. Recomiendo a esta firma porque son muy professionales y se preocupan de sus clientes. Muchas gracias Prestige law.

Vicente Ixmay
Fue muy buena, y me atendieron de inmediato y siempre al pendiente de lo que se necesitaba para que mi caso fuera lo mejor posible, el abogado muy bien y todo el personal de oficina amables y al pendiente de todo, fue una experiencia muy buena. Muchas gracias. Atte. DANIEL GARCIA BALDERAS.

Lencho Cruz
I’d like to sincerely thank Paul Aghabala and the Prestige Law firm for all of their time and hard work. I was a scared kid when I reached out and they helped me through the hardest time in my life. They truly fought for me. Thank you!

emily.
It has been a pleasure dealing with Paul and his associates. They genuinely care about you and your case. They are knowledgeable, honest and caring about you and your progress. Thank you for your service. I will definitely be back.

Irina Law
Awesome firm to handle my car accident! I got rear ended last year on Valentine’s Day 2024 and that was a bummer. After being referred to this team of professional attorneys they handled my case with care and continuous communication through all of my medical care. I felt they did their job with integrity and I would recommend them if you’re ever in a car accident. Thanks Prestige!

Michelle Landrum
Prestige Law son un grupo de Abogado’s Que me ayudaron a obtener lo Maximo en llevar mi caso de accidente

Carlos Castanon
Maravillosos mi caso ya esta cerrado con muy buenas ganancias para mi. Super recomendados.

Ivon Guerra Leon
I never in a million years thought that I would be one of those people to get hit in the rear it was totally devastating and I had no idea what to do. I made contact with the prestige law firm and they totally put me at ease not only did they get me Immediate medical attention and help with my aches and pains they got me a settlement that was beyond my wildest dreams I will always be grateful to them. I hope I’m never in another accident but if I am I will definitely be calling the prestige Law Firm

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