Bronx Wrongful Death Attorneys

In moments of profound grief and loss, navigating a wrongful death lawsuit can be overwhelming. Our Bronx wrongful death attorneys at Hill & Moin LLP stand as a beacon of support for those grappling with the tragic death of a family member due to someone else’s negligence. We are aware that financial compensation will never replace your loved one. However, we can still help you fight for justice and secure the financial support necessary for your family’s future well-being.

As your compassionate legal allies, our personal injury law firm stands poised to provide 24/7 assistance, ensuring you receive the information and guidance necessary to make informed decisions. Reach out at (212) 668-6000 for a free consultation, and let us be your steadfast partner during these challenging times.

Understanding Wrongful Death

The term “wrongful death” encapsulates more than just a legal phrase—it represents preventable tragedies caused by the actions or negligence of others. Here’s a concise guide shedding light on this crucial aspect:

• Simple-terms definition: Wrongful death arises from a wrongful act, neglect, or default leading to a person’s death.
• Exclusive Right to Sue: According to N.Y. Est. Powers & Trusts Law, a personal representative can pursue damages against those responsible, mirroring the deceased’s entitlement to a personal injury lawsuit. In different terms, New York surviving family members can only initiate a wrongful death claim if they act as the personal representative of the deceased’s estate.
• Compensation Considerations: Courts may award pecuniary damages, encompassing funeral and medical expenses, and punitive damages to penalize reckless behavior.

What Is the Statute of Limitations for Wrongful Death in NY?

In the unfortunate event of a wrongful death, New York law grants a two-year window from the date of the incident for the personal representative to file a lawsuit. It’s crucial to note that this timeframe differs from the general three-year window provided for personal injury lawsuits had the victim survived.

There are several exceptions from the standard, two-year statute of limitations. For example, when the defendant faces criminal charges related to the incident, the timeline is extended to one year after the conclusion of the criminal case. If medical malpractice has caused wrongful death, the time limitation to file a claim is extended to two years and a half. If the negligence of a municipality resulted in the wrongful death, the time limit to file wrongful death action is 90 days. To be more specific, in this case, the claimant must file a Notice of Claim with the negligent government entity or agency.

Wrongful Death Cases and Comparative Negligence in New York

In the state of New York, the shared fault rule, governed by NY CPLR § 1411, defines the compensatory landscape. It is important to note that the statute specifies “conduct attributable to the claimant or decedent.” This indicates that New York’s pure comparative negligence principle is applicable to all personal injury cases, extending to wrongful death claims as well.

So, New York adopts a pure comparative fault system, allowing injured plaintiffs to recover damages regardless of their percentage of fault. In wrongful death cases, the personal representative of the decedent may recover damages regardless of the decedent’s percentage of fault. The jury, tasked with determining negligence, allocates percentages of fault to each party, leading to proportional adjustments in awarded damages. For example, if a plaintiff is 20% at fault, their recovery will be reduced by 20%. In cases with multiple defendants, joint and several liability holds each accountable for total damages, with limitations based on their share of fault.

Who Can Sue for Wrongful Death in the Bronx?

In the Bronx, the pursuit of justice in wrongful death claims hinges on understanding who has the legal standing to file a lawsuit. As outlined in New York statutes, and as we’ve already mentioned above, the initiation of a wrongful death action must be carried out by the personal representative of the deceased’s estate. This representative is either a pre-designated individual chosen by the victim or someone appointed by the court. Immediate family members, such as:

• the spouse,
• children,
• or parents,

…are typically the primary beneficiaries entitled to seek compensation through a wrongful death lawsuit.

Wrongful Death and the Impact on Inheritance in the Bronx

Damages secured through a wrongful death lawsuit become part of the deceased’s estate, with their distribution determined by either a last will and testament or state law. In cases where no will exists, the Surrogate’s Court appoints an administrator, prioritizing the spouse, children, grandchildren, parents, and siblings in that order. This administrator, often a close family member, then assumes the role of the personal representative in the wrongful death case, navigating the complexities of legal proceedings to ensure justice for the grieving family.

In exceptional circumstances, if none of the aforementioned family members are suitable to serve as the administrator, the Surrogate’s Court may appoint distant relatives or a third party, as mutually consented by the heirs. Subsequently, this appointed administrator assumes the role of the personal representative in handling the proceedings of a wrongful death case.

Is It Necessary to Prove Negligence in a Bronx Wrongful Death Suit?

In simple terms, the answer to this question is “Yes”. However, the matter isn’t that simple. So, in the section below, we’ll try to bring some light on the matter of proving negligence in a Bronx wrongful death case.

To begin with, negligence refers to the failure to exercise reasonable care, leading to harm. To succeed in a wrongful death case, claimants are often required to establish that the responsible party was negligent in their actions, ultimately causing the untimely demise of their loved one.

Elements of Establishing Negligence

The foundation of proving negligence in a wrongful death suit typically involves four key elements:

1. Duty of Care: The responsible party must have owed a duty of care to the deceased individual. For example, a business owner has the duty to make their business safe for customers, or a driver has a duty to operate their vehicle safely to minimize the likelihood of motor vehicle accidents.
2. Breach of Duty: It is necessary to demonstrate that the responsible party breached their duty of care. Going back to the examples above, it must be proven that a business owner failed to make their business safe for customers, or a motorist drove their vehicle recklessly or negligently which led to a fatal accident.
3. Causation: A clear link must be established between the negligent actions and the victim’s death. Proving causation is pivotal in attributing responsibility.
4. Identifiable Harm: The claimant must showcase that they suffered identifiable harm as a direct result of the negligent actions, forming the basis for seeking compensation.

Extending Beyond Negligence

While negligence stands as a predominant factor, it’s essential to recognize that other scenarios can lead to wrongful death claims:

• Intentional Acts: Cases involving intentional acts resulting in fatalities can also support a wrongful death lawsuit. The crucial distinction is that the intent is not necessarily to cause death but to perform an action that results in it.
• Strict Liability: Strict liability, particularly in product liability cases, diverges from negligence by not necessitating proof of knowledge or intent. It revolves around establishing a causal link between the product’s defect and the resulting fatality.

The Imperative Role of Evidence in Proving Negligence

Throughout the legal process, evidence is highly important. Whether in the form of photographs from the scene of the incident, video footage, witness statements, or expert opinions, a successful wrongful death case relies heavily on presenting a compelling case supported by tangible proof.

Your wrongful death lawyer will collect evidence about the decedent’s death from diverse sources. This evidence may include:

• Death certificate
• Autopsy report
• Police reports
• Video and photographic evidence
• Statements from eyewitnesses and expert witnesses
• Medical records

Adhering to the standards delineated in the New York Evidence Guide, all gathered evidence should meet specific criteria. Thus, it is important to gather as much evidence as possible relating to your family member’s death and provide it to your attorney. Even if some pieces of evidence may only seem to be remotely related to the case, they can still make a significant impact on the progress of the case and lead to a favorable outcome.

What Is the Average Wrongful Death Settlement in the Bronx?

Determining the average wrongful death settlement in the Bronx is a complex task, as settlements depend on various factors unique to each case. Typically, the value of a wrongful death settlement hinges on factors such as the circumstances surrounding the incident, the degree of negligence involved, and the damages claimed. In New York, damages in wrongful death cases can encompass economic losses like medical bills, funeral expenses, and lost wages, as well as non-economic losses such as pain and suffering, loss of companionship, and consortium.

On average, wrongful death settlements in New York may range between $500,000 to $1 million. However, this is a general estimation and actual settlements can vary significantly. The legal landscape involves the consideration of economic and non-economic damages, each contributing to the overall settlement amount. Economic damages may include lost earning capacity, medical bills, and funeral expenses, while non-economic damages cover intangible losses like emotional distress and companionship.

How Much Does a Bronx Wrongful Death Lawyer Cost?

Determining the cost of a Bronx wrongful death lawyer involves various factors and fee structures. Personal injury attorneys and wrongful death attorneys typically operate on a contingency fee basis. This means that they only receive payment if the lawsuit is successful. In a successful wrongful death claim, attorneys typically earn between 33% to 40% of the settlement.

Flat fees, amounting to 33 1/3% of the recovered sum, are another common fee structure. Hourly rates for wrongful death attorneys may vary but generally range from $250 to $500 per hour. Additional costs include upfront fees, retainers, expert witness fees (ranging from $245 to $500 per hour), deposition fees (averaging around $450 per hour), and court filing fees, typically costing a few hundred dollars.

At Hill & Moin LLP, we manage wrongful death cases on a contingency fee basis. In other words, if we don’t secure any settlement for you, you owe us nothing.

How Can a Bronx Wrongful Death Lawyer Help You

A Bronx wrongful death attorney plays a crucial role in providing support, guidance, and legal expertise for individuals who have lost a loved one in a fatal accident. The emotional and financial turmoil following the loss of a loved one can be overwhelming, making it essential to seek professional assistance. Here’s how a Bronx wrongful death attorney can help:

Handling all the aspects of the legal process. Grieving families need time to cope with their loss, and a wrongful death attorney can take care of all aspects of the legal process, allowing them the space to grieve and recover both emotionally and financially.

Dealing with insurance companies. This is a rather important and delicate task, something that needs attention to detail, and something someone dealing with the loss of a loved one may not be able to correctly see through. Your attorney will act as your advocate, ensuring that your family is not taken advantage of during this vulnerable time.

Counter blame-shifting practices. At-fault parties may attempt to shift blame onto the deceased, impacting the family’s ability to secure compensation. Personal injury lawyers specializing in wrongful death lawsuits can effectively counter these tactics, safeguarding your family’s interests.

Negotiating fair settlements. Bronx wrongful death lawyers collaborate with experts to assess and value damages accurately, ensuring families receive just compensation. This compensation can provide financial stability for years to come, especially if the deceased was a primary financial contributor.

Taking your case to trial. In the event the negotiation of a fair settlement fails, a skilled Bronx wrongful death lawyer is prepared to take the case to trial, presenting evidence, cross-examining witnesses, and passionately advocating for the family’s rights in a court of law.

Hill & Moin LLP Stands Ready to Help with Your Bronx Wrongful Death Claim

At Hill & Moin LLP, we treat our clients as cherished members of our family. We understand that the loss of a loved one is an incredibly challenging time, and the prospect of battling insurance companies and adversaries only adds to the burden. That’s why we are here for you. Our dedicated wrongful death lawyers are ready to guide you on the optimal course for your claim.

Backed by over 40 years of trial and appellate experience, where we’ve vigorously pursued fair settlements for all our clients, we’ve established a reputation for delivering excellent results. You can rely on us to champion your rights.

Call us today at (212) 668-6000 or contact us online for a free consultation and to learn about your Personal Injury Recovery Solutions®.

Don’t wonder about your rights!