Bronx Wrongful Death Lawyer
When a person dies or is killed due to the negligence or willful act of another person or entity, the surviving members of the victim's family may sue for wrongful death. Wrongful Death actions can from any number of types of accidents caused by negligence such as auto accidents, construction accidents, and falls, as well as from intentional acts such as assaults. Negligence and willful actions can lead to victims suffering catastrophic injuries from which the victim may not recover such as traumatic brain injuries or spinal cord injuries. The death of a loved one is always heartbreaking. It also can impact the family’s financial well-being as there will be expenses associated with the injury and death. In some instances there will also be a loss of income. If you lost a family member because of someone’s negligence of willful actions, an experienced Bronx wrongful death accident lawyer at Stephen Bilkis & Associates who will help you secure the maximum compensation to which you are entitled.Recoverable Damages
Through a wrongful death lawsuit, the decedent’s family and estate can recover damages for losses that resulted from the negligent actions of the responsible party. There are two types of claims that may be pursued: one by the decedent’s estate through their personal presentative, and one by the decedent’s legal heirs.
- Estate’s claim: The decedent’s personal representative can file a claim against the negligent party for losses that the decedent suffered. For example, the personal representative has the right to sue for conscious pain and suffering. If the decedent was killed instantly and did not “see it coming,” then they would not have experienced pain and suffering. However, if the decedent lived for several days and was aware of the trauma, then the estate would have a claim for pain and suffering. The estate would also have a claim for medical expenses related to the injuries caused by the defendant’s negligence.
- Heirs’ claim: Those who are the decedent’s statutory heirs can sue for the loss of financial support that the victim would have contributed to them during the decedent’s lifetime. In some cases the plaintiffs may recover damages for benefits lost such as medical insurance and pension benefits. Recovery for loss of companionship refers being compensated for the comfort and care that the decedent would have provided.
Because there are different processes and considerations for pursuing compensation depending on who was negligent and the type of compensation pursued, contact an experienced Bronx wrongful death lawyer to discuss how to proceed.Statute of Limitations for Filing a Wrongful Death Lawsuit
In New York, wrongful death lawsuits must be filed within the state’s statute of limitations. For wrongful death, the lawsuit generally must be filed within two years of the death. The statute of limitations is a hard and fast rule, meaning that if you fail to file to initiate your lawsuit before the deadline, the court will dismiss your case and you will not have the opportunity to seek compensation for the loss of your loved one.Contact a Wrongful Death Attorney in the Bronx
If your family member died because another person acted negligently or because someone intentionally hurt them, your family has the right to demand justice. You may be entitled to compensation for the losses you suffered. However, litigation related to a wrongful death can be contentious, emotional, and complicated. There are timelines and procedural rules that must be understood and followed. It is critical that you have experienced representation. Contact Stephen Bilkis & Associates to discuss the details of your case. We have over twenty years of experience representing families of injured victims. We are here to help. Contact a wrongful death attorney serving the Bronx at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: the Bronx, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.