Compassionate Wrongful Death Attorneys Advocating for Bereaved Families Throughout NYC
Wrongful DeathDeath is, unfortunately, a fact of life. When a loved one passes away, family members are always grief-stricken, and often their financial lives are thrown into disarray. However, when the death of a loved one is caused by the negligence of another, the difficulty and pain of the loss is compounded, and is not something that Bronx families can – or should – accept as a simple, tragic fact of life. Under such circumstances, family members of a person killed by the negligence of another may have a claims for “wrongful death”, and our Bronx wrongful death lawyers may be able to help them recover damages for both the economic loss experienced by the family caused by the loss of the deceased relative’s contributions (in the form of earnings and wages, services provided to the family, as well as love, support and guidance), as well as for the conscious pain and suffering endured by the deceased relative in connection with their wrongful death.
Our lawyers, first and foremost, want to help Bronx families who have been victimized by the wrongful death of a loved one to get back on their feet after tragedy strikes. This is why we offer to help grieving families by doing much of the necessary estate work – the process of performing legal services relating to the administration or probate process in surrogate’s court – for free if we accept your wrongful death lawsuit, which will save the family a considerable amount of time and expense regardless of the outcome of a wrongful death lawsuit. The knowledgeable and highly trained lawyers at the Jesse Minc Personal Injury Law have unparalleled experience representing families of victims of fatal car crashes and other accidents caused by someone’s negligence. We work aggressively to get our clients the full compensation available under the law, and we achieve success for our clients at a rate of over 95 percent of cases that we accept. Our wrongful death lawyers are extremely selective in the cases that we take so that our clients can be assured that they will receive the personalized attention, dedication of resources, and application of top legal talent that is the hallmark of our firm.
When we accept a Bronx wrongful death accident case, each client – including every member of a deceased accident victim’s family – has direct access to our lawyers 24/7, including both office and personal cell phone numbers, rather than being forced to communicate with their lawyer only with assistants and paralegals as is unfortunately the case with many other wrongful death lawyers throughout NYC and the Bronx. We understand how tragedies such as wrongful death accidents affect families, and we want to make the process of obtaining justice as easy and comforting as possible.
Properly Proving Liability and Damages in Connection With a Fatal Accident is Essential to Obtaining Compensation
New York law gives the family of a person who dies in an accident the right to seek compensation from those responsible in the form of money damages. Whether the situation involves a motorcycle accident, a construction accident, or an incident of medical malpractice, New York law allows family members to bring causes of action claiming two separate causes of action: Wrongful Death, and Conscious Pain and Suffering. Available damages also include medical bills, lost wages, and burial expenses. They also may be able to receive the value of the victim’s guidance, support, and services, as well as other damages based on the role of the victim in their lives. If a loved one is killed in a wrongful death accident, you need top wrongful death lawyers in the Bronx to make sure that your claims – both with respect to liability for the accident, and the damages caused by the accident – are properly proven if you are to obtain compensation in court.
A cause of action for Wrongful Death specifically refers to the economic loss experienced by the family when a loved one passes away due to negligence. Each member of the family who is named in a deceased person’s will, or who is otherwise a statutory taker under the decedent’s estate, is entitled to collect economic damages on an individual basis under the wrongful death law. Wrongful death damages are proven by demonstrating not only the amount of money and financial support that the deceased person contributed to each of the family members, but also by demonstrating that the deceased person provided services (such as childcare), love and guidance to the family member making a wrongful death claim. Also, if the deceased family member was likely to obtain significant earnings power in the future that would have contributed to the family’s well being (by, for example, completing business school and becoming a financial advisor), but was unable to complete this future pursuit due to having been killed in an accident, damages for this future loss are also available to the family if properly proven. To ensure that your wrongful death claims are properly proven, our firm will retain economists and other financial professionals to ensure that every penny of financial loss – both past and future – that your family suffered are demonstrated to a jury at trial. Our wrongful death lawyers will fully explain this complicated set of wrongful death laws to you if you contact us today at (718) 354-8000 to discuss your wrongful death claims.
Bereaved families of wrongful death victims can also bring claims for Conscious Pain and Suffering against those responsible for the wrongful death of a loved one. This type of claim seeks damages for the pain and suffering that the deceased wrongful death accident victim actually experienced due to the negligence that caused their untimely death. That the victim died a horrible death is not, by itself, enough to sustain a substantial claim for conscious pain and suffering. To be successful, it must be proven that the deceased person was actually aware of the horrible injuries that ultimately caused them to pass away. Our firm will invest in your case and retain forensic pathologists and other specialized medical experts to demonstrate, through medical analysis, how a loved one consciously experienced substantial pain and suffering prior to passing away so that your claims are successful. It is also important to remember that these particular claims accrue to the estate of the deceased person, not to individual family members, and the proceeds of such claims will be passed down through the estate as would any other asset of the deceased person.
New York’s statute of limitations requires a person suing for wrongful death to file the lawsuit within two years of the victim’s death. With respect to conscious pain and suffering claims, the statute of limitations is typically longer (usually it is three years if the death was caused by negligence), but generally the claims for wrongful death and conscious pain and suffering are filed together in the same lawsuit. The law also requires that the lawsuit for both wrongful death and conscious pain and suffering be filed by the personal representative of the estate of the person who died. That said, the representative usually sues on behalf of the deceased person’s heirs and then holds any damages awarded in a wrongful death case in trust for the surviving family members. We offer to make arrangements to have a family representative appointed as administrator of the estate (if the accident victim died without a will), or the executor of the estate (if the accident victim died with a will), for no additional fee whatsoever if we accept your wrongful death lawsuit.
A wrongful death case is essentially a type of negligence action under New York law. To prove it, a wrongful death attorney in the Bronx would need to show that your loved one died because of the wrongful or negligent conduct of another person or entity. In car crash cases, for example, a person suing a driver for wrongful death needs to show that the driver caused the accident, and killed the victim, by acting negligently. New York law generally requires drivers to operate their vehicles in a reasonably safe manner. That means complying with speed limits and traffic signs and refraining from dangerous activity like drinking and driving or texting behind the wheel. A driver who does not live up to this responsibility is likely to be found negligent and legally responsible for a tragic loss of life that results.
However, not every wrongful death case has the same requirements. For example, wrongful death cases related to medical malpractice can raise some complicated legal issues. First, you need to establish that the standard of care expected from a certain type of doctor or medical professional was violated under the circumstances. That always means hiring medical experts to explain what would normally be expected from a reasonable medical professional in the defendant’s specialty. You also need to show that the malpractice directly caused your loved one to die, or at least substantially contributed to their death. That also requires detailed medical evidence. Our Bronx wrongful death attorneys will devote the proper resources to your case, and leverage our network of expert physicians to make sure that your claims are properly proven if we accept your case.
Retain a Wrongful Death Attorney to Bring a Claim for Compensation
At the Jesse Minc Personal Injury Law, we believe in taking the necessary time to understand clients’ individual circumstances and needs, and in applying a human touch to every case. We also give families the opportunity to grieve and recover emotionally from a fatal accident with the peace of mind that comes from knowing that we are fighting to advance their legal rights and ensure their financial security. Our lawyers offer free consultations and never charge a fee, or require repayment of any expenses whatsoever, unless we recover compensation for a client. We are ready to handle even the most complex cases and fight for your rights against large insurance companies, corporations, and government agencies. We are fearless in our pursuit of justice for our clients. The Jesse Minc Personal Injury Law represents families throughout the Greater New York City region, including in Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. Call us at (718) 354-8000 or contact us online to schedule a consultation with a wrongful death lawyer in the Bronx. Se habla espanol.