Has someone you love recently died in an accident in the Bronx? If so, you may have the right to recover compensation from those responsible. Rosenbaum & Rosenbaum, P.C., can help you fight to maximize your financial award. Contact our Bronx wrongful death lawyers to discuss your legal options today.
Our compassionate team is always standing by – so call for assistance and support now.
How Rosenbaum & Rosenbaum, P.C., Can Help After a Fatal Accident in the Bronx
Losing someone you love is never easy. When their death is the consequence of an avoidable accident, it can make a difficult situation even more unbearable. While money will not turn back time or bring your loved one back, it can provide a sense of justice and help to make your life a little bit easier for years to come.
The experienced Bronx personal injury attorneys at Rosenbaum & Rosenbaum, P.C., are here to help you fight to hold those responsible for your loved one’s death fully accountable for your suffering.
Rosenbaum & Rosenbaum, P.C., has been representing injury victims and their families in the Bronx for more than 40 years. Our team has successfully recovered tens of millions of dollars in settlement deals and jury verdicts on their behalf. When you turn to us for help after a fatal accident in the Bronx, we will do everything in our power to get you the money you deserve, too.
You can expect our personal injury attorneys in the Bronx to:
- Coordinate a full-scale investigation into the accident that led to your family member’s death
- Gather and analyze evidence that can be used to bolster your demand for compensation
- Work closely with accident reconstructionists, medical professionals, forensic specialists, economists, and other experts as we build and value your wrongful death claim
- Handle all aspects of your case from start to finish, giving you the time you need to grieve
- Attempt to work out a settlement agreement with involved parties and insurance companies
- Argue your case in front of a jury, if necessary.
Our goal is to maximize your financial recovery and help to ensure that you are financially secure for years to come. Call our law office in the Bronx to learn more today.
Wrongful Death Law in New York: An Overview
“Wrongful death” refers to a death that is the consequence of negligence, default, or a wrongful act. It is a death that should have – and could have – been avoided. When a person is negligent, fails to act, or engaged in intentionally harmful conduct and causes another person’s death, they can be held legally and financially responsible by the victim’s family through a wrongful death action.
Causes of Wrongful Death in the Bronx
Any accident can potentially be fatal. At Rosenbaum & Rosenbaum, P.C., we represent family members who have lost a loved one as a result of:
- Motor vehicle accidents, including car accidents, truck accidents, motorcycle accidents, and Uber accidents
- Accidents involving pedestrians and bicyclists
- Subway accidents
- Bus accidents
- Dog bites, negligent security, slip and fall accidents, and other premises liability matters
- Medical malpractice
- Birth injury
- Defective medical devices, dangerous drugs, and other product liability matters
- Nursing home abuse or neglect
- Construction accidents
- Workplace accidents
- And more
Call our Bronx wrongful death attorneys to discuss your legal options. Your first call is free, so please don’t hesitate to reach out to us for assistance today.
What Damages Are Available in Bronx Wrongful Death Actions?
While wrongful death cases are a type of personal injury matter, they differ from other types of cases in a number of ways. One of the primary differences involves the damages that are available if a claim is successful.
Typically, only economic compensatory damages are available. This includes money for:
- Medical bills incurred prior to death
- Costs of a funeral, burial, or cremation services
- Lost wages and financial support the victim would have provided, had they survived
- Loss of inheritance
- Loss of services, such as childcare or household support
This means that family members can’t usually be compensated for the pain and suffering they experience as a result of a loved one’s death. However, if the victim did survive their injuries for a period of time, damages for the pain and suffering they likely endured can be available.
Who Files a Wrongful Death Action After a Fatal Accident in the Bronx?
Close family members are the ones who reap the benefits of a wrongful death lawsuit. However, New York law provides that it’s actually the personal representative of the victim’s estate who files the legal action. The personal representative is either named in the victim’s will or appointed by a court.
When a wrongful death case is successful, the damages become part of the victim’s estate. From there, they are shared by surviving beneficiaries, including the spouse, child(ren), and/or parent(s).
How Long Do I Have to File a Wrongful Death Lawsuit After a Bronx, NY Accident?
Typically, wrongful death claims in the Bronx are subject to a two-year statute of limitations. So, absent any extenuating circumstances, you’ll have up to two years from the date of your loved one’s death to take action.
While this two-year time limit is the rule, there are exceptions. For instance, if you suspect that a government agency contributed to their death, you will have even less time to assert a formal request for damages. In wrongful death actions involving the city or a borough, you’ll have a matter of months – not years – to act.
Do not wait too long to assert your rights. You will forfeit the opportunity to get financial justice for your tragic loss if you miss the deadline that applies to your case.
What Happens If My Family Member is Blamed For Their Death?
Insurance companies love to blame victims for injuries and accidents. If an insurance company or at-fault party attempts to do this when you file a wrongful death action, things can get a bit complicated. Your family member isn’t around to defend themselves. If you don’t fight these allegations, you could watch your financial award reduce in value or disappear altogether.
That’s because New York has a pure comparative negligence system in place. Simply, liability is shared by everyone who contributes to an accident – including those who are injured or killed. Sharing fault does not bar a financial recovery, but it does impact it. Damages are reduced in direct proportion to degree of blame.
So, the more blame that’s shifted to your loved one, the lower in value your wrongful death claim will become. If insurers are successful in claiming that your family member is entirely at fault for their fatal accident, you’ll be barred from seeking damages.
For instance, let’s say your family member was killed in a car accident in the Bronx when they’re hit by another motorist at a dangerous intersection. The insurance company claims that your family member is entirely responsible because they were speeding and texting at the time of the fatal crash. If you don’t do anything to challenge this, you will lose the right to pursue damages from the other party.
Let’s say that you do fight back. An attorney discovers that your loved one was hit by a driver who ran a red light. Both drivers share blame for the fatal wreck. Now, your loved one is allocated 50 percent – not 100 percent – of the blame. Now you can recover up to half of your damages in a wrongful death action.
At Rosenbaum & Rosenbaum, P.C., our Bronx wrongful death lawyers are all too familiar with these tactics. Many times, these claims are made without any basis in reality and without any evidence in support. We will work hard to disprove or minimize the assertions that your family member contributed to their untimely death. We’ll back our claims with the proof that’s needed to ensure that you walk away with a full and fair financial award.
Schedule a Free Consultation With Our Bronx Wrongful Death Lawyers
It’s never easy to lose a family member. If your loss is the result of another person’s negligence, you may have the right to recover compensation from them. The experienced Bronx wrongful death lawyers at Rosenbaum & Rosenbaum, P.C., can help you fight to maximize your recovery. Give our New York City law firm a call to learn about your rights and the options that might be available to you. We offer a free initial case evaluation, so please don’t hesitate to contact us today.