Wrongful Death Lawyer in the Bronx, NY

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action that can be taken when a loved one dies due to the negligence or intentional misconduct of another party. To have a valid wrongful death claim, several elements must be present:

• Death of an individual: This may seem obvious, but it's the foundation of the claim.
• Negligence or a wrongful act: The death must have been caused by the negligent, reckless, or intentional act of another party.
• Surviving family members who suffered losses: Surviving spouses, children, and/or parents must demonstrate that they have suffered losses as a result of the death.

Our Bronx wrongful death attorneys will guide you through this complex process, helping you understand your rights and the legal steps necessary to seek compensation for your loss.

How Our Bronx Wrongful Death Attorneys Can Help

At the Jacob D. Fuchsberg Law Firm, we understand the pain you’re facing. We’re not just lawyers — we’re dedicated advocates who will fight tirelessly to protect your family’s rights and work to secure the compensation you deserve.

Here’s how we can help you during this difficult time:

• Thorough investigation: We leave no stone unturned in gathering evidence and building a strong case to prove liability and maximize your recovery.
• Identifying responsible parties: We meticulously identify all liable parties and hold them accountable for their actions.
• Calculating damages: We accurately assess the full extent of your losses to make sure you receive every dollar you’re entitled to.
• Negotiation: Our experienced attorneys are skilled negotiators, prepared to fight for the maximum compensation possible.
• Litigation and trial representation: If a fair settlement cannot be reached, we are fully prepared to aggressively litigate your case and represent you in court.
• Emotional and legal support: We provide compassionate guidance and support throughout the entire process.
• Filing wrongful death claims: We help you navigate wrongful death law and ensure all necessary steps are taken promptly to secure the benefits your family deserves.

Don’t face this alone — contact us today for a free consultation. Let us fight for you!

Common Causes of Wrongful Death in the Bronx

Bronx wrongful death cases can arise from a variety of circumstances, including:

Motor Vehicle Accidents

Unfortunately, the Bronx’s busy streets and highways see a high number of accidents. Negligent behaviors like speeding, distracted driving, drunk driving, and reckless driving can lead to fatal crashes.

Medical Malpractice

Medical professionals owe their patients a duty of care. When this duty is breached and a patient dies due to negligence in diagnosis, treatment, or surgery, surviving family members may be eligible to file a wrongful death claim.

Nursing Home Neglect

Elderly residents of nursing homes in the Bronx deserve proper care and attention. When negligence or abuse leads to their death, a wrongful death claim can be pursued.

Construction Site Accidents

Construction sites are inherently hazardous. When safety regulations are ignored or inadequately met, workers can suffer fatal injuries from falls, electrocutions, equipment malfunctions, and other accidents.

Premises Liability

Property owners in the Bronx have a legal responsibility to maintain safe conditions for visitors. If a death occurs due to a hazardous condition on their property, they may be held liable.

Product Liability

Defective products — such as faulty vehicles, dangerous medications with undisclosed side effects, malfunctioning appliances that cause fires or electrocutions, and children’s toys that are choking hazards — can lead to fatal injuries.

Our Bronx wrongful death lawyers have extensive experience in handling these types of cases, and we are prepared to fight for the justice your family deserves.

Steps to Take After the Wrongful Death of a Loved One in the Bronx

Losing a loved one is never easy, but while you grieve, it’s important to remember to take these necessary steps:

• Contact emergency services if the death involved dangerous circumstances.
• Inform family and friends about the loss.
• If you suspect negligence played a role, contact a Bronx wrongful death attorney immediately.
• If possible, take photos or videos of the scene where the death occurred.
• Secure any physical evidence that might be relevant, such as defective products or hazardous conditions.
• Gather contact information for anyone who witnessed the incident that led to the death.
• Request copies of police reports, medical records, incident reports (if applicable), and any other documentation related to the death.
• Keep detailed records of your communications with authorities, insurance companies, and medical professionals.
• Maintain a journal of your expenses and losses related to the death.
• Follow your lawyer’s advice and provide them with any information or documentation they request.
• Attend all meetings and court appearances as needed.

By taking these steps, you can help your Bronx wrongful death attorney build a strong case and increase your chances of securing justice and fair compensation for your loss.

Who Can File a Wrongful Death Claim in the Bronx?

In New York, wrongful death claims are typically filed by close family members of the deceased, such as:

• The surviving spouse
• The children of the deceased
• The decedent’s parents, if no spouse or children are present
• The executor of the deceased's estate

Our Bronx wrongful death attorneys will help you determine your eligibility to file a claim and guide you through the legal process with sensitivity and care.

Who Could Be Held Liable for a Wrongful Death?

In a fatal incident, liability can fall on various parties depending on the circumstances. Identifying all responsible parties is important to ensuring that justice is served.

Here are some potential parties who could be held liable for a fatal accident:

• Negligent drivers
• Employers of negligent drivers
• Property owners
• Manufacturers and distributors
• Healthcare providers
• Government entities
• Construction companies and contractors
• Nursing homes and care facilities
• Other individuals or entities

Determining liability in a wrongful death case involves thoroughly investigating the accident, gathering evidence, and potentially interviewing professional witnesses — difficult tasks to accomplish alone and without legal aid. An experienced Bronx wrongful death attorney can help identify all liable parties and pursue compensation on behalf of the deceased’s family.

What Compensation Can You Get in a Bronx Wrongful Death Case?

In a Bronx wrongful death case, the damages available to the surviving family members and the estate of the deceased can include several types of compensation. These damages are designed to cover both the financial and emotional losses experienced as a result of the wrongful death.

Economic damages compensate for quantifiable financial losses that the family and estate incur due to the death of their loved one. They include:

• Medical expenses: Costs for medical care provided to the deceased before death, such as hospital bills, surgery, or other treatments.
• Funeral and burial costs: Expenses related to the funeral, burial, or cremation of the deceased.
• Lost wages and benefits: The income the deceased would have earned had they lived, including future earnings and benefits like health insurance and retirement contributions.
• Loss of inheritance: The assets the deceased would have likely earned, saved, and eventually passed on to their heirs.
• Loss of services: Compensation for the value of services the deceased would have provided to their family, such as childcare, household chores, and other contributions.

Non-economic damages are more subjective and compensate for the emotional and intangible losses suffered by the surviving family members. They include:

• Pain and suffering: Compensation for the physical pain and emotional suffering endured by the deceased before their death.
• Loss of companionship: The emotional loss experienced by the surviving spouse or children due to the absence of the deceased.
• Loss of parental guidance: Compensation for the loss of parental nurturing, care, and guidance for surviving children.
• Mental anguish: The psychological impact on surviving family members, including grief, anxiety, and depression.

Furthermore, in New York, interest may be awarded on the damages from the date of death. This means that compensation could be increased by an interest rate applied from the time the wrongful death occurred until the judgment is paid.

What Is the Statute of Limitations for Bronx Wrongful Death Claims?

In New York, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. If you fail to file the lawsuit within this period, you may lose your right to obtain compensation for your loss.

However, if the wrongful death involves a government entity (such as a fatal city bus accident), a notice of claim usually must be filed within 90 days of the incident, and the lawsuit must typically be filed within a year and 90 days.

In rare cases, if the cause of death was not immediately apparent and was only discovered later (such as in cases involving toxic exposure), the statute of limitations might be extended.

Filing a wrongful death claim after the prescribed deadline typically results in the court dismissing the case. Therefore, timely action is essential to maintaining the viability of your claim, which means it’s vital to contact a wrongful death attorney immediately.

Why Choose the Jacob D. Fuchsberg Law Firm?

At the Jacob D. Fuchsberg Law Firm, we’re dedicated to helping you navigate the legal complexities of a wrongful death claim and seek justice and rightful compensation. Here’s what makes us stand out:

• Decades of experience: For over 40 years, we have been fighting for justice for families who have lost loved ones due to negligence.
• Compassionate approach: We understand the emotional challenges you face and provide compassionate support and guidance throughout the legal process.
• Proven track record: Our firm has a history of securing significant settlements and verdicts in wrongful death cases.
• No fee unless we win: We work on a contingency fee basis, which means you pay no legal fees unless we recover compensation for you.

We’re here to provide the support and legal help you need during this difficult time. Contact us today for a free consultation, and let us fight for you.