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Bronx Wrongful Death Lawyer

Bronx Wrongful Death LawyerYou may be entitled to file a wrongful death lawsuit if you’ve recently lost a family member in a fatal Bronx accident. Now is the time for you to grieve, not fight a tough legal battle for compensation. That’s where the experienced Bronx wrongful death lawyers at Oresky & Associates, LLC can help. 

We’ve won more than $400 million in life-changing settlements and verdicts for families just like yours. 

Contact our law offices in the Bronx, NY, or call (718) 993-9999 to schedule a free consultation. We’ll listen to your story, explain your legal options, and help you figure out the best way to move forward.

How Our Bronx Personal Injury Lawyers Can Help After a Fatal Accident

How Our Bronx Wrongful Death Lawyers Can Help After a Fatal AccidentEven though you may have the right to compensation, those responsible for your loved one’s death won’t be eager to admit fault. Their insurance company will try to find any reason to deny your wrongful death claim or minimize your payout. Hiring a Bronx, New York personal injury lawyer to represent you is the best way to level the playing field and set yourself up for a successful outcome.

That’s where Oresky & Associates, LLC can help.

Our personal injury attorneys in the Bronx have more than 30 years of litigation experience. We stand up and fight for families like yours every day – and have won hundreds of millions of dollars for them in the process.

When you trust us with your wrongful death action, we will:

  • Handle every aspect of your case from start to finish
  • Help you understand all of the legal options available to you
  • Coordinate a thorough investigation into the circumstances surrounding your loved one’s fatal accident and death
  • Gather evidence to support your personal injury case 
  • Consult with respected experts so that we fully understand the scope of your loss
  • Negotiate with insurance companies and other parties
  • Have an award-winning trial attorney bring your case to a jury in the Bronx, if necessary. 

Our goal is to give you the time and opportunity to grieve and begin to move forward. Let us handle your pursuit for compensation. We’ll do everything in our power to maximize your financial recovery.

What is Wrongful Death?

Wrongful death refers to a death that happens because of another person’s negligent or wrongful actions.

At Oresky & Associates, LLC, our law firm represents families in all types of wrongful death cases, including:

If your family member’s death could have been avoided but for someone else’s negligence, then you may have a legitimate wrongful death action on your hands.

Who Can File a Wrongful Death Lawsuit in the Bronx?

The victim’s personal representative is responsible for filing a wrongful death lawsuit in New York.

The personal representative is the person chosen to take care of the victim’s estate after they die. This might be a person chosen by the victim before their death or appointed by a court.

The wrongful death lawsuit is, however, filed on behalf of the victim’s surviving family members, including:

  • A spouse
  • Children, or
  • Parent(s).

Immediate family members are typically the primary beneficiaries of any financial awards won in a wrongful death action.

What Damages Are Available in a Bronx Wrongful Death Case?

In New York, the law states that damages in a wrongful death case should be “fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit the action is brought.”

This means that you can recover economic damages in your wrongful death case, such as:

  • Medical bills related to care prior to death
  • Funeral expenses
  • Loss of income and financial support
  • Loss of benefits
  • Loss of inheritance.

Beneficiaries aren’t entitled to non-economic damages for their own pain and suffering. However, if your family member survived their injuries for any time after their accident, you can seek pain and suffering damages on their behalf. 

How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in the Bronx?

Under New York State law, you will have up to two years from the date your loved one dies to file a wrongful death lawsuit.

This may or may not be the date of their fatal accident, depending on whether or not they survived their injuries for a period of time. 

Do not wait to take action. You will lose the right to file a claim and secure compensation if you miss the deadline that applies to your case. That means you’ll be left with the financial burden of your loved one’s loss.

Who Could Be Liable For a Fatal Accident in the Bronx?

A thorough investigation into your family member’s deadly accident might reveal that one or more of the following parties are liable:

  • The driver of a passenger car, truck, or motorcycle
  • Bicyclist or pedestrian
  • Rideshare driver
  • E-scooter operator
  • Property owner
  • Manufacturer
  • Employers of responsible parties
  • Government agencies
  • Doctors or other medical professionals
  • Hospitals 
  • Nursing homes
  • Caretakers

Our Bronx wrongful death attorneys will work tirelessly to figure out why your loved one’s accident happened and, in turn, who’s at fault. Once we’ve established liability, we can move forward and fight to maximize the compensation you’re awarded.

Can I Still Recover Compensation if My Family Member is Being Blamed for Their Fatal Bronx Accident?

Someone you love was just killed in a fatal accident in the Bronx. Now other parties (and their insurance companies) are trying to point fingers and say that they’re to blame. Can you still recover compensation? 

Yes, as long as they’re not entirely at fault. New York has a pure comparative fault system. Anyone who contributes to an accident – including victims – can be held financially accountable for the consequences. Liability is divided up depending on how much blame a person shares.

If your family member was 20% at fault for their fatal accident, then the damages in your wrongful death action will be reduced by 20%. 

Other parties will blame the victim because the less liability they share the less money they’ll have to pay. Our Bronx wrongful death attorneys will stand up and defend your loved one at every turn. We’ll work to disprove claims they share blame or minimize the percentage of fault they’re assigned. 

It’s not just about maximizing your financial recovery. It’s also about protecting your loved one’s reputation and fighting for them one last time.

Do I Have to Prove Negligence in a Bronx Wrongful Death Case?

Typically, yes. Unless your case is based on strict liability – like in many product liability matters – then you’ll likely have an action based on negligence.

Negligence means that someone was careless and, as a result, caused a fatal accident that resulted in your loved one’s death.

To win your negligence case, you’ll have to prove each of the following things:

  • The defendant owed your family member a duty of care
  • The defendant didn’t act reasonably and breached that duty of care
  • The defendant’s actions were the direct and proximate cause of your family member’s death, and
  • You’ve suffered identifiable harm as a result.

Proving negligence will require helpful evidence, such as:

  • Photographs of the scene
  • Video footage of the accident
  • Witness reports or testimony
  • Expert testimony (to support your case or dispute arguments raised by the defense)
  • Medical records
  • Police reports

You must have enough evidence to prove negligence by a preponderance of the evidence. This means that your story is more likely true than not. 

Schedule a Free Case Evaluation With a Bronx Wrongful Death Lawyer

Losing a family member is never easy. It can be even more difficult when it happens suddenly and could have been avoided. Don’t let those responsible off the hook. Let the Bronx wrongful death lawyers at Oresky & Associates, LLC fight to hold them fully accountable for your tragic loss.

We’re the award-winning attorneys you’ll want in your corner during this very difficult time. We understand just how tough things are right now, and we’re here to help you fight to make things right.

Contact our law firm in the Bronx to arrange a free case evaluation. We work on a contingency fee basis, which means there’s no cost to you unless we win. There’s no risk in asking for our help, so give us a call to get started today. We serve all boroughs throughout New York City, including the Bronx.

Our personal injury law firm in Bronx, NY also provides:

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Our Locations

Bronx Office
149 E 149th St
NY 10451
(718) 993-9999

Oresky & Associates Bronx Office

 

Queens Office
104-09 Roosevelt Ave
NY 11368
(347) 507-3884

Oresky & Associates Queens Office

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Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.
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