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Nothing compares to losing a family member because of someone else’s carelessness or intentional acts. Not only are survivors deprived of that family member’s companionship and support, but they also suffer financially because of the income and services their loved ones can no longer provide. They should not be left with these financial burdens when someone else is to blame for their loss.
While no legal remedy can bring back your lost loved one, a wrongful death lawsuit offers a way to hold negligent parties accountable and give you financial peace of mind during a difficult time. David Resnick & Associates, P.C. is here to help you navigate the legal process and see that justice is done. Our Bronx wrongful death lawyers have more than 30 years of experience and have recovered significant verdicts and settlements for our clients. Find out what we can do for you when you contact us today for a free consultation with a wrongful death lawyer in the Bronx.
What Is Wrongful Death in the Bronx?
The definition of wrongful death in New York is found in the state’s Consolidated Laws. Section 5-4.1 says the personal representative of the deceased’s estate can file a lawsuit to seek compensation if the deceased died through “a wrongful act, neglect, or default.” In other words, if someone died because of another party’s actions, regardless of whether those actions were intentional, the decedent’s personal representative can file a wrongful death suit against that other party.
A fatal car accident is one of the most common examples of wrongful death. If someone dies after being involved in an accident with a driver who was distracted, impaired, or otherwise negligent, the deceased’s surviving family members would likely have grounds for a wrongful death lawsuit.
Causes of Wrongful Death in Bronx, NY
Wrongful deaths are all too common in the Bronx, often due to:
- Car accidents – Driver negligence is one of the most common causes of wrongful deaths in the Bronx and includes behaviors like impaired driving, distracted driving, speeding, and other traffic violations.
- Motorcycle accidents – Motorcyclists in the Bronx are at high risk of wrongful death, such as when drivers cut them off, follow too closely, or simply fail to look for them before changing lanes. If a motorcyclist is killed in an accident caused by another driver, that driver may be responsible for compensating their estate.
- Semi-truck accidents – Semi-trucks and other heavy commercial vehicles frequently cause more severe injuries than other motor vehicles when they crash, which is why trucks are involved in 9 percent of fatal accidents but account for just 4 percent of vehicle registrations, according to the National Safety Council. A negligent truck driver, trucking company, or other party can be held liable for wrongful death.
- Bicycle and pedestrian accidents – Cyclists and pedestrians are killed more frequently in collisions because they are less protected from the force of a crash. If a pedestrian or cyclist is killed in an accident with a negligent driver, their surviving family may have grounds for a wrongful death claim against that driver.
- Medical malpractice – Fatal medical errors are much more common than they should be. Depending on the circumstances, healthcare providers can be held liable if their actions contributed to a patient’s death. Medical malpractice cases have a much higher standard of proof than other wrongful death cases, which can make recovering compensation more difficult without the help of a seasoned wrongful death attorney.
- Defective products – Many kinds of products can cause fatal injuries, from toxic household cleaners and faulty car parts to dangerous medications and unsafe children’s toys. The companies that make these products can be held liable for deaths caused by design, manufacturing, or warning defects.
- Premises liability accidents – In New York, property owners and other parties can be held liable for fatal accidents on their land if they fail to fix known hazards or make sure visitors are properly warned about dangerous conditions on the property.
What Compensation Is Available in a Wrongful Death Claim?
Generally, a wrongful death claim can provide compensation for:
- The deceased’s funeral and burial expenses
- Any medical expenses the deceased incurred after an accident but prior to their death
- The deceased’s lost wages from the time they were injured until their death
- The deceased’s lost future income and other financial benefits they may have earned had they lived
- The deceased’s pain and suffering prior to their death
What Are the Time Limits for Filing a Wrongful Death Claim in the Bronx?
One reason to speak to a wrongful death lawyer soon after the death of a loved one is that you have a limited window to take legal action. In most cases, you have two years from the date of someone’s death to file a wrongful death lawsuit. While that might seem like a long time, wrongful death cases are complicated and can take months to prepare.
There are certain circumstances where the deadline to file a wrongful death lawsuit can be extended. In other situations, you may have even less time to file a wrongful death lawsuit. An experienced wrongful death lawyer can review the circumstances of your situation and explain the time limit that applies to your case.
Contact a Bronx Wrongful Death Attorney Today
If you have lost a loved one and someone else is to blame, all of us at David Resnick & Associates, P.C. extend sympathy to you. We want to help during this difficult time by pursuing the compensation you may be owed while giving you the time and space you need to mourn your loved one. Call our office today or visit our contact page for a free case review with an experienced, compassionate Bronx wrongful death attorney.
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