Dedicated NY Wrongful Death Attorneys Serving the Bronx
When you lose someone you love due to the negligence of another, finding a compassionate and competent Bronx wrongful death lawyer is a crucial step in seeking justice for your loved one and family. The pain of loss can often be compounded when dealing with the financial stressors that follow it.
Losing a cherished family member or loved one not only brings emotional turmoil but also presents a multitude of financial and legal challenges. At Maggiano, DiGirolamo & Lizzi, we understand this delicate intersection of grief and justice, and we offer our services to help you navigate the legal aftermath of your loss.
Wrongful death claims in New York are governed by statutes that allow certain family members to seek compensation when their loved one has died due to the negligence or wrongful act of another. While no amount of money can replace your loved one, a wrongful death lawyer can help alleviate the financial burden caused by unexpected loss. They can advocate for your rights, striving to hold responsible parties accountable.
As we delve deeper into the intricacies of wrongful death litigation in New York, know that your attorney serves not only as your legal voice but also as a pillar of support, ensuring that your story is heard and justice is pursued with unwavering dedication. Whether you’re in the early stages of considering legal action or ready to seek compensation, the New York wrongful death lawyers at Maggiano, DiGirolamo & Lizzi offer understanding, support, and courageous representation.
Call (212) 543-1600 or contact us online for a FREE consultation. We are proud to serve clients in the Bronx, Upper Manhattan, and throughout New York. At this dark time, you shouldn’t have to worry about bills and legal recourse. Let us help you pursue the compensation you deserve so that you can focus on finding your way after your terrible loss.
What Is Wrongful Death?
A wrongful death occurs when a life is unjustly taken due to the negligence or misconduct of an individual, company, or entity. In New York, a wrongful death claim is a legal avenue for the decedent’s survivors to seek compensation for the loss of their loved one.
N.Y.S. Estates, Powers & Trusts (EPT) § 5-4.1 forms the foundation for wrongful death claims in New York. This law allows legal action when a death has been caused by a wrongful act that would have entitled the victim to file a personal injury lawsuit had they survived. Wrongful death cases can stem from a myriad of causes, from car accidents and medical malpractice to hazardous work conditions and defective products.
The complexities of such cases require a legal approach that is both compassionate and compelling. At Maggiano, DiGirolamo & Lizzi, we bring to light the full impact of the defendant’s actions. Wrongful death isn’t merely a legal term—it’s a devastating event that demands justice. By combining thorough investigation with strategic representation, we strive to ensure that such losses are met with the full weight of legal recompense.
What Are the Damages for Wrongful Death in New York?
While struggling with the heartache of losing a loved one, families often face the stark reality of significant financial strain alongside their emotional suffering. A Bronx wrongful death lawyer understands the intricate laws surrounding wrongful death claims and can help you and your family secure compensation for the economic and non-economic losses you’ve endured.
Damages in a wrongful death claim may include:
- Medical expenses related to the fatal injuries
- Funeral & burial costs
- Loss of financial support
- Loss of companionship & guidance
- Loss of value of household services
- Loss of future earnings & benefits
- Pain & suffering before death
Our wrongful death attorneys can assess the full scope of damages to ensure you pursue the compensation you deserve. While no amount of money can replace your loved one, holding the responsible parties accountable through a wrongful death lawsuit can provide financial stability and a sense of some justice restored.
Who Could Be Liable For a Fatal Accident in the Bronx?
In the wake of a fatal accident, identifying the liable parties is a complex process that wrongful death lawyers meticulously undertake. Liability hinges on establishing who had a duty of care and how that duty was breached, leading to the accident.
In the Bronx and New York at large, numerous parties can be found responsible depending on the situation at hand. Possible liable parties include:
- Drivers: In vehicle collisions, a negligent driver may be held liable for wrongful death due to actions like speeding, distracted driving, or driving under the influence that lead to a fatal accident.
- Employers: If the accident involved a commercial vehicle, the employer might be liable due to negligent supervision or vicarious liability if the employee was acting within the scope of their employment.
- Manufacturers: In cases of defective products, including vehicle malfunctions, the manufacturer can be held accountable for wrongful death.
- Property Owners: If the accident occurred on a property with hazardous conditions due to negligence, the property owner could be liable under premises liability laws.
- Government Entities: If a death occurs due to issues like poorly maintained roadways, the responsible government entity could be liable. However, claims against government bodies have strict notice requirements and deadlines.
Determining liability is nuanced, involving an in-depth investigation and understanding of New York laws. Engaging with a Bronx wrongful death attorney can ensure that all potential sources of compensation are explored. We stand ready to examine the circumstances of the tragic event and advocate fiercely for the justice your family deserves.
Who Can File a Wrongful Death Lawsuit in the Bronx?
In the Bronx, as in the rest of New York, the right to file a wrongful death lawsuit is specifically designated to certain individuals. Under EPT § 5-4.1, the personal representative of the deceased’s estate is the only party authorized to file a wrongful death claim. This representative could be an executor named in a will or an administrator appointed by the court if there is no will.
While the personal representative files the lawsuit, the damages recovered are for the benefit of the deceased’s survivors or next of kin. Typically, these are the immediate family members—such as spouses, children, or parents—who have suffered financial and emotional losses due to the untimely death of their loved one.
It’s essential to understand that friends or distant relatives who were not financially dependent on the deceased typically cannot file for wrongful death in New York. Each case is unique, and determining the appropriate party to bring the lawsuit requires legal understanding.
The Bronx wrongful death attorneys at Maggiano, DiGirolamo & Lizzi bring their experience, courage, and commitment to justice to guide and support you through the process. If you believe you have a wrongful death lawsuit, we invite you to sit down with us for a compassionate and comprehensive FREE case review.
What If Fault Is Placed on My Loved One in the Fatal Bronx Accident That Caused Their Death?
In the aftermath of a fatal accident in the Bronx, it can be a profound shock if allegations arise suggesting your loved one was at fault. These claims can be complex and emotionally taxing. However, New York operates under a pure comparative negligence rule, meaning that even if your loved one is found partially at fault, it may still be possible to recover damages proportional to the degree of the other party’s liability.
New York’s comparative negligence rule is designed to apportion damages in a lawsuit based on the level of fault attributable to each party involved in an accident.
Percentage of Fault
When a case goes to trial, the court will determine what percentage of fault each party bears for the accident. For instance, if a wrongful death occurred due to a car accident, the court may decide that the decedent was 30% at fault for speeding while the other driver was 70% at fault for running a red light.
Reduction in Damages
The total damages awarded to the plaintiff are then reduced by the percentage of fault attributed to the decedent. If the total damages amounted to $1 million, and the decedent was found 30% at fault, the award to the plaintiff would be reduced by 30%, resulting in a final award of $700,000.
No Bar for Recovery
Unlike some states that bar recovery if you are more than 50% or 51% at fault, New York allows recovery no matter what percentage of fault is assigned to the plaintiff (or decedent in the case of wrongful death) as long as they aren’t found to be 100% liable. However, their recovery will be reduced by their percentage of liability.
Impact on Settlement Negotiations
This rule also affects negotiations outside of court. Knowing that a plaintiff can still recover damages even if the decedent was partly at fault often encourages settlement. Both sides may prefer a settlement to the uncertainty of a trial where a jury or judge decides the percentages.
The assignment of fault is not always clear-cut, and determining liability often requires a thorough investigation. A skilled Bronx wrongful death attorney will scour accident reports, witness statements, and other evidence to piece together what truly happened and to challenge any unfounded or biased claims of your loved one’s alleged fault.
If you find yourself facing such distressing allegations, it is critical to consult with a New York wrongful death lawyer. A seasoned attorney can protect your family’s interests, ensuring that the full story is brought to light and any compensation reflects the true dynamics of the accident.
Verdicts and Settlements
$850,000 - Medical Negligence
To a 54 year old salesman for foot disability due to unnecessary tarsal tunnel surgery by the podiatrist.
$6,200,000 - Truck Accident
A commercial truck driver disabled after a crash which resulted in a traumatic brain injury.
$325,000 - Nursing Home Abuse and Neglect
To a nursing home resident who developed a Stage IV ulcer requiring surgery where the nursing home alleged the resident was non-compliant with recommendations to reduce pressure from excessive wheelchair use.
What Is the Statute of Limitations for Wrongful Death in New York?
In New York, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means that the decedent’s legal representative must file the lawsuit within two years or the court will likely refuse to hear the case.
It’s vital to be aware that this time frame can vary under certain circumstances. Due to these variations, it’s advisable to consult with a Bronx wrongful death lawyer as soon as possible after the death occurs. Timeliness is key in wrongful death actions, not only to satisfy statutory deadlines but also to ensure evidence is preserved and witness memories remain fresh.
What Is the Difference Between a Survival Action and a Wrongful Death Claim in New York?
In New York, both survival actions and wrongful death claims arise from a person’s death due to another’s negligence or wrongful act. Yet, they serve different purposes and compensate for different types of losses.
Wrongful Death Claim
A wrongful death claim is filed by the decedent’s personal representative on behalf of the surviving family members. It seeks compensation for the losses they have suffered as a result of their loved one’s death.
Survival Action
A survival action, on the other hand, is a continuation of a personal injury claim that the deceased could have filed had they survived. This type of action is also brought by the personal representative of the estate but compensates the estate for the decedent’s pain and suffering prior to death, as well as any medical expenses incurred due to the final injury or illness. Any damages recovered through a survival action become part of the decedent’s estate.
It’s important to distinguish that a wrongful death claim is focused on the beneficiaries’ losses, while a survival action is about the decedent’s own losses experienced from the time of the negligent act up until their death. Since both types of claims can be complex and have strict procedural rules, seeking the guidance of an experienced New York wrongful death lawyer is often crucial.
Maggiano, DiGirolamo & Lizzi has a team of dedicated attorneys, knowledgeable and give 110% to each one of their cases.
Wonderful company and attorneys who I would recommend to anybody in need. Trust the reviews you read and testimonials on their website – these guys are great!!
I wanted to make sure that you were aware of my extreme gratitude to Chris DiGirolamo, and his law firm, for the work done on my behalf.
As a 33 year licensed motorcyclist in the state of NJ, I have seen a lot of friends/family go through the process of a personal injury suit, and many times the outcome is less than favorable. Let’s face it, there is a lot of bias against bikers out there… So when it was my turn to experience the process first hand, I didn’t hold a lot of hope that I would recover any of what I lost.
Chris DiGirolamo not only got me enough of a settlement to recover what was lost, he got the max available, allowing me to have a little piece of mind for the future as well.
He was patient when I sent endless emails full of questions and kind and understanding with regard to my case. I will ALWAYS refer my friends to this firm, and use them again myself, if the situation ever arises…
Thank you again for all your hard work!
Consult an Experienced Bronx Wrongful Death Lawyer
Each wrongful death claim we undertake is a solemn promise to our clients—your fight is our fight. We blend our legal acumen with a deep respect for the families we serve. From the streets of the Bronx to the courtrooms of New York, we pursue your case with the full force of our firm’s resources and resolve.
Though no amount of money will make up for the life of a loved one and the resulting heartache, obtaining financial security and a certain amount of justice for their passing allows you time and space to mourn. If their untimely death was due to the negligence of another, you may be able to seek compensation.
Call the wrongful death attorneys at Maggiano, DiGirolamo & Lizzi at (212) 543-1600 or contact us online today for a FREE case review. We find endless inspiration in the strength and courage of the families we serve. Let us help you hold the liable parties accountable for the devastation they’ve wrought upon you and your family.
