Content reviewed by:
Alex Shulman
If you’ve lost a loved one due to someone else’s carelessness, you and your family may be entitled to compensation through a wrongful death lawsuit. At Shulman & Hill, our Bronx personal injury lawyers provide high-quality, compassionate legal representation for grieving families in search of justice and accountability. Contact us for a complimentary case review to learn how we can help.
Shulman & Hill is a leading personal injury law firm in New York focusing on wrongful death and personal injury cases. With a deep commitment to justice and a proven track record of success, our experienced attorneys understand the devastating impact losing a loved one in a preventable accident can have on surviving family and friends.
Your fight for justice is our top priority. We are dedicated to providing compassionate, personalized legal representation to grieving families as they navigate these challenging times. Our extensive experience and expertise in wrongful death law ensure that your case will be handled with the utmost care and professionalism.
Our Bronx wrongful death lawyers will strive to secure the justice, accountability, and compensation you deserve. Contact us today to schedule your free consultation.
Shulman & Hill Can Assist With Your Bronx Wrongful Death Case
At Shulman & Hill, a leading New York City personal injury law firm, we serve the Bronx community by providing top-tier legal counsel and representation to accident victims and their families. Our firm’s success is built on our unwavering commitment to excellence and tirelessly working to advance the best interests of our clients. Because we understand that each case is unique, our seasoned attorneys handle each one with the individualized attention and utmost care our clients deserve.
Our case results speak for themselves. We have secured more than $1 Billion+ in verdicts and settlements for our clients, including:
- $1 million for a client who suffered a neck injury in a car accident
- $2 million for a worker severely injured by a defective ladder
- $1.5 million for a day laborer’s neck and back injuries sustained at a construction site
- $650,000 for a young taxi driver injured in an accident with a truck
Our legal team is well-recognized for the high quality of its work, having achieved local and national ovations from numerous professional organizations and publications. For example, founding partner Alex Shulman has been recognized as a New York Super Lawyer since 2017, an honor only given to five percent of lawyers in each state. He has also been recognized by The National Trial Lawyers as a Top 40 Under 40 Trial Attorney.
What Is a Wrongful Death Lawsuit?
In New York, a wrongful death lawsuit is “an action to recover damages for a wrongful act, neglect, or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.” In other words, if the decedent could not have brought a personal injury lawsuit had they survived, then a wrongful death claim cannot be brought seeking compensation for their passing.
In most cases, wrongful death lawsuits are based on a negligence theory of liability. This means you must prove the defendant had a duty of care to the victim and breached that duty through careless behavior. You must also show that breach of duty contributed to the cause of death. For example, drivers have a duty to follow traffic laws, such as stopping at red lights. When running a red light leads to fatal injuries, the driver could be liable for wrongful death.
Common Causes of Wrongful Death in the Bronx
Wrongful death can arise in various situations. Understanding common causes is crucial for recognizing potential legal claims. Recurring scenarios and factors that lead to wrongful death include:
- Car accidents
- Pedestrian accidents
- Construction accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Workplace accidents
- Slip and fall accidents
- Drowning
- Fire and burn injuries
- Aviation accidents
- Boating accidents
- Sports and recreation accidents
- Product liability
- Defective medical devices
- Pharmaceutical errors
- Medical malpractice
- Nursing home abuse or neglect
- Exposure to hazardous substances or environments
- Criminal acts
Damages Available in Bronx Wrongful Death Cases
Of course, no amount of money can truly make up for the death of a loved one. However, New York’s wrongful death statute explains that plaintiffs may receive what the court or jury “deems to be fair and just compensation for the pecuniary injuries resulting from the decedent’s death . . .” Among other things, wrongful death damages may include:
- Expenses for Funeral and Burial – Covering the costs associated with the decedent’s funeral, cremation, and/or burial.
- Healthcare Costs Linked to Final Illness or Injury – Medical expenses incurred due to the decedent’s cause of death.
- Support and Services – Estimation of the support and services the decedent would have provided.
- Parental Guidance Value for Children – The value of the decedent’s parental nurturing, care, and guidance.
- Decedent’s Pain and Suffering – Compensation for the conscious pain and suffering the deceased experienced from their final injury or illness.
- Interest on Damages – Interest accrued on the compensation amount, starting from the date of death.
Importantly, New York is one of the few states in which surviving family members cannot recover compensation for their own emotional suffering caused by the untimely death of a loved one. On the other hand, New York is also one of the few states that does not limit the amount of compensation that can be awarded for a decedent’s pain and suffering. Our Bronx Workers’ Compensation lawyers can ensure that the family receives the maximum amount possible.
The wrongful death statute further explains that “punitive damages may be awarded if such damages would have been recoverable had the decedent survived.” Punitive damages are awarded as punishment for extremely reckless or otherwise reprehensible conduct on the part of the defendant. Though rarer than compensatory damages, punitive damages can significantly raise the value of your claim when available.
How Our Bronx Wrongful Death Attorneys Can Help
Handling the legal aftermath of a wrongful death can be overwhelming. While you tend to yourself and your family, let our Bronx wrongful death lawyers put our deep legal knowledge and decades of combined experience to work for you. Our services include:
- Free Case Evaluation – We will assess the details of your case to determine its potential for a successful outcome. This involves reviewing the circumstances surrounding the death of your loved one, investigating relevant laws, and evaluating the possibility of financial recovery.
- Investigation – We will conduct a thorough investigation to collect evidence that supports your claim, including obtaining medical records, accident reports, witness testimonies, and testimony from experts in relevant fields (e.g., forensics and accident reconstruction).
- Determining Liability – We will identify who is responsible for the wrongful death and establish the legal basis for their liability.
- Calculating Damages – We will carefully calculate the financial impact of the death, considering factors such as lost income, medical and funeral expenses, loss of support, and other relevant damages to determine full and fair compensation.
- Negotiating with Insurance Companies – We will handle negotiations with insurance companies to achieve a fair settlement, ensuring that your family’s interests are well-represented and protected.
- Litigation – If a settlement cannot be reached, we are prepared to take your case to trial. This includes investigating the law, filing court documents, presenting evidence, and advocating for your family in the courtroom.
- Providing Legal Guidance and Support – Throughout the process, we will provide compassionate legal counsel, guiding you through each step of the claims process, explaining legal terms and implications, and discussing potential outcomes.
- Managing Settlement or Award Distribution – We will assist in distributing awarded compensation to the appropriate beneficiaries, ensuring that the process is handled fairly and efficiently.
Who Can File a Wrongful Death Claim in the Bronx?
In New York, the right to file a wrongful death claim is somewhat restricted compared to some other states. Only the personal representative, sometimes known as the executor or administrator, of the decedent’s estate is legally allowed to file a wrongful death claim in New York. This representative is typically appointed in the decedent’s will or, if there is no will, by a court.
While the personal representative must file the claim, any damages recovered are for the benefit of the decedent’s surviving family members or beneficiaries. It’s important for those considering a wrongful death claim in New York to consult with a qualified attorney who can provide guidance specific to their situation.
How Long Do I Have To File a Wrongful Death Claim?
You generally have two years to start a wrongful death claim in New York. However, this time period could be longer in some cases. For example, the countdown can be paused (“tolled”) while there is a pending criminal action against the defendant associated with the death of your loved one.
It’s important to meet with a Bronx wrongful death attorney as soon as possible to make sure your wrongful death claim is filed on time. This will also ensure that crucial evidence is not lost and that witness recollections are gathered before their memories fade.
Liability in Bronx Wrongful Death Cases
Liability in a Bronx wrongful death lawsuit depends on the nature of the accident or events that caused death. Potentially liable parties may include:
- Negligent or reckless individuals
- Property owners
- Product manufacturers
- Businesses
- Medical providers
- Government organizations
It’s important to note that establishing liability in wrongful death cases requires a detailed investigation and understanding of complex legal principles. Therefore, do not wait to consult with a legal professional who can assess the specific details of your case.
What if My Loved One Was Partially Responsible for Their Accident?
New York applies a pure comparative fault rule when a wrongful death involves contributory negligence of the decedent. This means the amount of compensation you can recover will be reduced in proportion to your loved responsibility for the event that caused their death. For example, in a case valued at $1 million dollars, your compensable damages would reduce to $700,000 if your loved one was 30 percent responsible for their cause of death.
Applying the rules of comparative fault requires a highly factual analysis, which can make it difficult to predict your compensation in complex cases that go to trial. The at-fault party will work hard to pin as much of the blame as possible on your deceased loved one. Working with a knowledgeable Bronx wrongful death lawyer is the best way to push back.
