Losing a loved one can be incredibly traumatic and throw one’s life into a state of complete disarray. When the loss is unexpected, however, that trauma and upheaval can be magnified. These events bring pain, grief, and often financial stress. Surviving family members are often left to pick up the pieces when a loved one dies. While no amount of money can fully heal the loss, there may be a possibility to pursue damages for a loved one’s accidental death.
If you lost a loved one due to the recklessness, negligence, or intentional harm of another person, you may be able to seek compensation. This compensation can be used to help mitigate the financial losses brought on by the loss.
If you think you may have a wrongful death claim, you should reach out to a Bronx accidental death lawyer at Shulman & Hill immediately. We have a strong track record of success and the knowledge you need to build a strong case. Schedule a free legal consultation today.
What Does Wrongful Death Mean?
Wrongful death is when a person dies as a result of the negligence or harmful acts of another party. New York law states that in order to file a wrongful death claim, the victim must have been able to file a personal injury claim for the damages had they survived the incident.
In New York, typically close relatives of the deceased (including their spouse, children, or parents) may file a wrongful death lawsuit. A lawyer in our Bronx office can advise you on your rights during a free case review.
What Are Examples of an Accidental Death?
There are a wide variety of scenarios where negligence in accidents (or intentionally harmful acts) may result in wrongful death. Some of the more common circumstances include:
What Is The Difference Between Wrongful Death And Murder?
While both wrongful death and murder revolve around a tragic death caused by another party, there are key differences. Overall, wrongful death claims are a civil matter while homicide is a criminal one. Murder charges are criminal charges that are formally brought by prosecutors, while wrongful death cases can be brought by ordinary citizens.
Another difference between the two is intent. In many accidental death cases, the negligent and responsible party did not intend for someone to be injured or lose their life. However, regardless of intent, if your loved one died as the result of another’s careless actions, you should be able to pursue justice.
What Damages Can Be Sought Following A Bronx Accidental Death?
If you lost a loved one in the Bronx and you believe another party was responsible, you may be eligible to recover compensation for your family’s losses.
Losses that may be compensable include:
- Funeral, memorial, burial, and/or cremation expenses
- Loss of a loved one’s income
- Costs for the deceased’s medical care prior to their passing
- Loss of parental nurturing and guidance
Filing An Accidental Death Lawsuit: How a Bronx Lawyer Can Help
No matter the cause, defendants in most accidental death cases may try to limit how much money a family receives—or avoid paying anything at all. Insurance defense attorneys may try to attempt to diminish your right to compensation by doing the following:
- Allege that the deceased was intoxicated prior to their accident (or otherwise acting recklessly or negligently)
- Allege that the deceased deviated from protocol or safety measures while working, which resulted in their accident
- The deceased was not paying attention when they fell and fatally injured themselves
An experienced Bronx accidental death lawyer can help you defeat these challenges. Even if your loved one was partially responsible for their accident, you may still qualify for compensation.
An accidental death law firm can help you specifically with the following:
- Investigate the cause of your loved one’s fatal injuries or illness
- Gather evidence that shows how another party was potentially responsible, including witness statements, surveillance camera footage, expert testimonies, and more
- Build a strong case on your behalf, and file a lawsuit against the negligent party
- Correspond with insurers, experts, other lawyers, and similar parties on your behalf
- Negotiate for a fair settlement offer and help you spot and reject low offers
- Take your case to trial if an insurer refuses to compensate you fairly and argue your case before a jury
Why Working With Shulman & Hill Can Benefit Your Accidental Death Case
When you have a claim for wrongful death against another party, you want to make sure you are building the strongest case possible to ensure that you have a fair shot at securing compensation.
Shulman & Hill has helped numerous families throughout the Bronx secure justice and closure following the untimely and tragic death of their loved ones. Over the years, we have recovered more than $250 million for our clients throughout New York City. We understand how sensitive and painful these cases are, and are prepared to walk you through each step of the process.
If you believe you may be eligible to file an accidental death lawsuit, reach out to a lawyer at Shulman & Hill as soon as possible to discuss your case. We offer free legal consultations.