The unexpected and tragic loss of a family member is an unbearable weight, leaving you with overwhelming grief and a future that feels uncertain. If your loved one’s death happened because of someone else’s negligence, a Bronx wrongful death lawyer can help your family pursue accountability and seek justice during this difficult time.
At Maggiano, DiGirolamo & Lizzi, P.C., we understand the depth of your loss. We’re here for our neighbors in the Bronx, not just as attorneys, but as compassionate advocates who believe justice should be available to every family, not just the powerful.
Our team can answer your questions, explain your legal options, and fight for the compensation and accountability your family needs. Call (212) 543-1600 today or complete our online contact form for a free and confidential consultation with our team.
Why Choose Maggiano, DiGirolamo & Lizzi, P.C. for Your Bronx Wrongful Death Case
When you’re facing the most difficult time of your life, choosing the right legal team can make all the difference. You need more than just a lawyer; you need a dedicated partner who will stand in your shoes, understand your family’s unique story, and have the strength to take on powerful insurance companies and corporations.
From the Grand Concourse to City Island, we offer Bronx families a combination of elite legal skill and genuine, personal care.
A Powerhouse of Experience and Results
With over 100 years of combined experience, our attorneys have secured numerous multi-million-dollar results, including a $775,000 recovery for the family of a car accident victim who died while being prepared for emergency surgery.
A Dedicated Team, Not Just One Lawyer
When you work with Maggiano, DiGirolamo & Lizzi, P.C., you get a team of 30 dedicated professionals committed to your case, ensuring that every detail is covered and every avenue for justice is pursued.
Our attorneys hold an AVVO rating of 10.0 and have been recognized by Super Lawyers and The Best Lawyers in America.
Your Neighborhood Lawyers
Our clients are the heart of the Bronx, from construction workers to office professionals, parents, and neighbors. We take the time to learn everything about your loved one and your family, so we can tell your story with the authenticity and passion it deserves.
Our No-Fee Guarantee
Our firm works on a contingency fee basis, which means you pay no legal fees unless we win your case. We combine the resources of a large, powerful firm with the personalized, compassionate approach of a local community practice.
To discuss your case for free, call (212) 543-1600 or use our online contact form to get started. You can also visit our office at 930 Grand Concourse, Suite 1A, Bronx, NY 10451.
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
Mr. Michael Maggiano is an outstanding attorney who uses his many years of experience and wisdom to put forth a solid representation of his client. In my particular case, Mr. Maggiano showed compassion, caring, and commitment in order to bring about a successful resolution involving a local municipality. My case seemed to be unique in that it’s not often that there is a successful pursuit of justice when a municipality is involved. I was lucky to find Mr. Maggiano through the recommendation of other outstanding attorneys, and he certainly measured up to every expectation. Mr. Maggiano’s thoroughness and drive to seek a justifiable agreement in my favor cannot be under-stated; he met with me and my husband day or night, weekend or weekday; he always gladly returned calls and emails promptly. The devotion Mr. Maggiano and his staff displayed to us made us feel that we were his sole priority; simply stated he makes you feel special. While being reassuring and kind, Mr. Maggiano leaves no stone unturned in his research, preparation, and presentation. His vast knowledge works to his client’s advantage, and he is revered by fellow attorneys and judges in New Jersey and New York.
In addition, the staff at Maggiano, DiGirolamo, and Lizzi always represented the highest caliber of professionalism. Office staff, legal assistants, and the firm’s attorneys were always diligent while being respectful, polite, and caring. It is without hesitation that I give Mr. Maggiano my highest praise and recommendation.
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
What Is a Wrongful Death in New York?
In the simplest terms, a wrongful death occurs when a person dies as a result of the wrongful act, neglect, or default of another person or entity. Under New York law (Estates, Powers & Trusts Law §5-4.1), if the deceased person could have filed a personal injury lawsuit had they survived, their family or estate may be able to file a wrongful death lawsuit.
This is a civil claim, separate from any criminal charges that may be filed. The goal of a wrongful death lawsuit is not to punish the wrongdoer with jail time, but to secure financial compensation for the surviving family members who have suffered devastating losses because of their loved one’s death.
Under EPTL §5-4.1, only the personal representative of the deceased person’s estate can file the claim, and they do so on behalf of the surviving distributees, such as a spouse, children, or parents. The case holds the negligent party accountable and provides the family with the financial resources they need to move forward.
How Long Do You Have To File a Wrongful Death Claim in New York?
In New York, you generally have two years from the date of your loved one’s death to file a wrongful death claim. This deadline comes from the statute of limitations, and once it passes, the court can permanently bar your family from recovering anything.
Some cases carry far shorter deadlines. A claim against the City of New York or another public entity requires a Notice of Claim within 90 days of the death, and missing that window can end the case before it begins.
Never assume you have plenty of time to act. The sooner you call us, the more we can do to protect your claim and preserve evidence. Your Bronx wrongful death lawyer can identify every deadline that applies to your family’s case and file on time, every time.
Common Causes of Wrongful Death in the Bronx
Wrongful death claims can arise from many serious personal injury cases, including crashes, falls, medical negligence, unsafe property conditions, and workplace accidents.
Our Bronx wrongful death lawyers handle claims involving catastrophic injuries, disputed liability, and families who need answers after a preventable loss.
Some of the most common causes of wrongful death claims in the Bronx include:
- Car Accidents: Fatal crashes may happen on the Major Deegan Expressway, the Cross Bronx, and local Bronx streets.
- Truck Crashes: Our truck accident lawyers can help you if an accident in the Bronx results in a death.
- Motorcycle Accidents: Riders face serious risks when negligent drivers fail to share the road safely.
- Construction Accidents: Falls, site hazards, and unsafe work conditions can lead to fatal injuries.
- Medical Events: Negligent care at Bronx hospitals or other medical facilities may give families grounds for a claim.
- Premises Liability: Property owners may be responsible when unsafe conditions lead to a fatal accident.
- Workplace Accidents: Some fatal job-related injuries may involve claims beyond workers’ compensation benefits.
No matter the circumstances, our goal remains the same: to provide your family with answers, accountability, and the financial stability to face the future.
What Damages Are Available in a New York Wrongful Death Lawsuit?
A New York wrongful death lawsuit may allow your family to recover compensation for lost financial support, lost services, medical expenses, funeral expenses, and other economic losses resulting from your loved one’s death.
Under EPTL § 5-4.3, New York generally limits wrongful death damages to a family’s pecuniary losses, meaning the financial value of the support, services, income, and benefits their loved one would have provided.
Accurately calculating these losses often requires detailed financial analysis and strong supporting evidence, and is very hard to do on your own. A Bronx wrongful death lawyer can take over this process for your family.
Damages available to family members in a New York wrongful death claim may include:
- Loss of Financial Support and Earnings: This includes the wages, benefits, and other financial contributions your loved one would likely have provided.
- Loss of Services and Support: Compensation may be available for the loss of childcare, household services, guidance, and other support your loved one provided.
- Loss of Potential Inheritance: Family members may recover the value of assets and financial resources they likely would have inherited.
- Medical Expenses Incurred: Medical bills related to the injury or illness that led to your loved one’s death may be recoverable.
- Reasonable Funeral and Burial Expenses: Funeral, burial, and cremation costs may be included in a claim.
It’s our duty to build a comprehensive picture of your loss, not just as a set of numbers, but as the story of a life cut short and a family left to pick up the pieces. We fight to ensure the compensation you receive truly reflects the full measure of what has been taken from you.
Verdicts and Settlements
$1,550,000 - Shopping Cart Injury
55-year-old woman was struck by a shopping cart being pushed by an employee of local supermarket and sustained aggravation of previously injured low back. Supermarket argued the impact was a tap and could not have caused any injury and that the Plaintiff was still under active treatment at the time of the incident for a prior low back injury sustained year prior.
The…
$1,500,000 - Late Diagnosis
Settlement awarded to the three surviving adult children of a high school vice principal who suffered a late diagnosis of an Abdominal Aortic Dissection which caused the patient to code on administration of anesthesia during emergency surgery once the diagnosis was finally made, which left him with a severe anoxia causing substantial brain injury and eventual death.
$600,000 - Imprecise Injection
A man suffered severe aggravation of Tourette’s syndrome and nerve damage when a nurse negligently injected demerol into his radial nerve rather than his deltoid muscle following surgery.
Wrongful Death Claim vs Survival Action in the Bronx
In New York, there are two distinct but related claims that can be filed after a fatal accident: a wrongful death claim and a survival action. Understanding the different types of legal actions available is crucial, as it directly impacts the compensation your family can receive.
Pursuing both a wrongful death claim and a survival action is essential to maximizing your family’s recovery. The legal and evidentiary requirements for each are different, but our experienced Bronx wrongful death attorneys understand these nuances and will build a powerful case that addresses every aspect of your loss.
The Wrongful Death Claim
This claim is for the benefit of the surviving family members, known as distributees. It is designed to compensate you for the financial losses you have suffered because your loved one is no longer here. The damages focus on your loss of support, services, and inheritance.
The Survival Action
A survival action, on the other hand, is a continuation of a personal injury claim that the deceased could have filed had they survived. The personal representative of the estate also brings this action.
However, a survival action compensates the estate for the decedent’s pain and suffering prior to death, as well as any medical expenses from the final injury or illness. Any damages recovered become part of the decedent’s estate.
FAQ for Bronx Wrongful Death Lawyer
How Long Do I Have To File a Wrongful Death Claim in the Bronx?
In New York, wrongful death claims generally must be filed within two years of the date of death. Some cases involve shorter deadlines, including claims against government entities. Speaking with an attorney as soon as possible can help protect your family’s rights.
What if My Loved One Was Partially at Fault for the Accident?
Your family may still recover compensation even if your loved one was partially responsible for the accident. Under New York’s pure comparative negligence rule, any recovery is reduced by the percentage of fault assigned to the deceased.
A wrongful death attorney in the Bronx can help challenge unfair attempts to shift blame.
How Much Does It Cost To Hire a Bronx Wrongful Death Lawyer?
Maggiano, DiGirolamo & Lizzi, P.C. handles wrongful death cases on a contingency fee basis, meaning there are no upfront costs to hire one of our wrongful death lawyers in the Bronx. We only collect a fee if we recover compensation for your family.
How Is a Wrongful Death Lawsuit Different From a Criminal Case?
A New York wrongful death lawsuit seeks financial compensation for surviving family members, while a criminal case seeks to punish the person responsible for the death.
The two cases are separate and can proceed at the same time, and a wrongful death claim may remain viable even if no criminal charges are filed.
Who Can Receive Compensation in a New York Wrongful Death Case?
Wrongful death compensation is generally available to the deceased person’s distributees, including certain family members who would inherit under New York law. A personal representative brings the claim on behalf of eligible beneficiaries.
Our Bronx wrongful death attorneys can help determine who may be entitled to recover damages.
Contact Our Trusted Bronx Wrongful Death Lawyers Today
Losing a loved one because of someone else’s negligence can leave your family searching for answers, accountability, and a way forward. At Maggiano, DiGirolamo & Lizzi, P.C., we’re committed to helping Bronx families pursue justice while providing the guidance and support they need during an incredibly difficult time.
Our team can handle the legal challenges of your case so you can focus on your family and honor your loved one’s memory. Justice drives us, and our clients inspire us. Let us be the courageous voice you need in this difficult time.
Call Maggiano, DiGirolamo & Lizzi, P.C. today at (212) 543-1600 or reach us through our online contact form for a free, no-obligation, and completely confidential consultation with one of our dedicated Bronx wrongful death attorneys.
Bronx Office
Maggiano, DiGirolamo & Lizzi, P.C.
930 Grand Concourse #1A
Bronx, NY 10451
Phone: (212) 543-1600
