The unexpected and tragic loss of a family member is an unbearable weight, leaving you with overwhelming grief and a future that is suddenly and frighteningly uncertain. In the Bronx, where community and family are the bedrock of our neighborhoods, losing a loved one due to someone else’s carelessness is not just a personal tragedy—it’s a profound injustice that ripples through everyone who knew and loved them.
At Maggiano, DiGirolamo & Lizzi, P.C., we understand the depth of your pain. We are here for our neighbors in the Bronx, not just as lawyers, but as compassionate advocates who believe that justice should be a right for everyone, not a privilege for the powerful. We are here to help you navigate this difficult time, answer your questions, and fight for the accountability your family deserves. Take the first step toward healing by speaking with a compassionate Bronx wrongful death lawyer from our team for a free and confidential consultation.
Table of contents
- Why Choose Us for Your Bronx Wrongful Death Case
- What is a Wrongful Death?
- Common Wrongful Death Cases We Handle
- What Damages Are Available in a Bronx, New York Wrongful Death Lawsuit?
- Wrongful Death Claim vs. Survival Action in Bronx, New York
- Bronx Wrongful Death FAQs
- Contact Our Trusted Bronx Wrongful Death Lawyers Today
Why Choose Us 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. For families in the Bronx, from Grand Concourse to City Island, we offer a combination of elite legal skill and genuine, personal care.
Here’s why families in the Bronx trust Maggiano, DiGirolamo & Lizzi:
- A Powerhouse of Experience and Results: With over 100 years of combined legal experience, our award-winning attorneys have secured numerous multi-million-dollar verdicts and settlements for our clients. We have been recognized by our peers as among the Best Lawyers in America, and we bring that national respect to every case we handle in the Bronx.
- You Get a Dedicated Team, Not Just One Lawyer: When you work with us, you are not alone. You get a team of 30 dedicated professionals—attorneys, paralegals, and support staff—all committed to your case. We believe in strength in numbers, ensuring that every detail is covered and every avenue for justice is pursued.
- We Represent the Person Next Door: Our clients are the heart of the Bronx—they are construction workers, office professionals, parents, and neighbors. We are proud to represent the people, not the powerful. 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: We are in this together. Our firm works on a contingency fee basis, which means you pay absolutely no legal fees unless we win your case. We don’t bill by the hour. Our payment is a percentage of the compensation we recover for you, removing any financial barriers to accessing top-tier legal representation.
We combine the resources of a large, powerful firm with the personalized, compassionate approach of a local community practice. We stand beside you, ready to be your voice and your shield, so your family can focus on healing.
What is a Wrongful Death?
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 (specifically, 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.
A personal representative of the deceased person’s estate must file the claim on behalf of the surviving family members (distributees), such as a spouse, children, or parents. This legal action holds the negligent party accountable and provides the family with the financial resources they need to move forward.
Common Wrongful Death Cases We Handle
Wrongful death can stem from almost any type of personal injury incident. Our firm’s primary focus on complex claims, especially those involving catastrophic injuries, makes us uniquely equipped to handle these tragic cases. We have the experience and resources to investigate and litigate wrongful death claims arising from:
- Truck Accidents
- Car and Motorcycle Accidents
- Construction Accidents
- Medical Malpractice
- Premises Liability
- Workplace Accidents
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 Bronx, New York Wrongful Death Lawsuit?
While no amount of money can ever replace your loved one, the law provides a way to recover financial compensation for the tangible losses your family has suffered. In New York, wrongful death damages are calculated based on the “pecuniary,” or financial, losses resulting from the death. Our job is to meticulously calculate and prove the full extent of these losses.
Damages available to family members in a New York wrongful death claim may include:
- Loss of Financial Support and Earnings: This includes the wages and benefits your loved one would have been expected to earn over their lifetime. We work with financial experts and economists to project these future earnings and demonstrate the profound financial impact on your family.
- Loss of Services and Support: Your loved one provided more than just a paycheck. They may have provided childcare, home maintenance, cooking, cleaning, guidance, and mentorship. We work to place a monetary value on these invaluable services that you must now pay for or go without.
- Loss of Potential Inheritance: The compensation can include the amount the surviving family members would have likely inherited from the deceased had they lived a full life.
- Medical Expenses Incurred: Any medical bills related to the final injury or illness that led to your loved one’s death can be recovered as part of the claim.
- Reasonable Funeral and Burial Expenses: The costs associated with your loved one’s funeral, burial, or cremation are recoverable.
It is 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.
Wrongful Death Claim vs. Survival Action in Bronx, New York
Understanding the different types of legal actions available is crucial, as it directly impacts the compensation your family can receive. In New York, there are two distinct but related claims that can be filed after a fatal accident.
The Wrongful Death Claim
As discussed above, this claim is for the benefit of the surviving family members (distributees). It is designed to compensate you for the financial losses you have suffered because your loved one is no longer here. The damages are focused 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. This type of action is also brought by the personal representative of the estate but compensates the estate for the decedent’s pain and suffering prior to death, as well as any medical expenses incurred due to the final injury or illness. Any damages recovered through a survival action become part of the decedent’s estate.
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. Our experienced Bronx wrongful death attorneys understand these nuances and will build a powerful case that addresses every aspect of your loss, both the family’s financial future and the suffering your loved one endured.
Bronx Wrongful Death FAQs
After a tragedy, it’s normal to have countless questions. The legal process can seem confusing and intimidating, but we are here to provide clear answers and guidance. Here are some of the most common questions we hear from families in the Bronx.
How long do I have to file a wrongful death claim in the Bronx?
This is a critical question. The time limit to file a lawsuit is called the statute of limitations. In New York, you generally have two years from the date of death to file a wrongful death claim. However, this deadline can be shorter in certain cases, such as claims against a municipality (like the City of New York), which require a Notice of Claim to be filed within 90 days of the incident. It is vital to speak with an attorney as soon as possible to protect your rights and ensure no deadlines are missed.
What if my loved one was partially at fault for the accident?
New York follows a “pure comparative negligence” rule. This means your family can still recover damages even if your loved one was partially responsible for the accident that caused their death. The court will determine the percentage of fault for each party, and your family’s compensation award will be reduced by your loved one’s percentage of fault. For example, if a court finds your loved one was 10% at fault, your family could still receive 90% of the damages. We will fight to minimize any allocation of fault to your loved one.
How much does it cost to hire a wrongful death lawyer?
We firmly believe that every family deserves access to the best possible legal representation, regardless of their financial situation. That is why we handle all wrongful death cases on a contingency fee basis. This means:
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- There are no upfront costs to hire us.
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- We advance all costs of litigation, such as expert witness fees and court filing fees.
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- You pay us absolutely nothing unless and until we win a settlement or verdict for you.
Our fee is a percentage of the total recovery, an arrangement that allows you to pursue justice without any financial risk.
- You pay us absolutely nothing unless and until we win a settlement or verdict for you.
How is a wrongful death lawsuit different from a criminal case?
A criminal case is brought by the state (the District Attorney’s office) to punish a wrongdoer for breaking the law, with potential penalties like fines or imprisonment. A wrongful death lawsuit is a civil case brought by the family to obtain financial compensation for their losses. They can happen at the same time, and the outcome of one does not necessarily determine the outcome of the other.
The standard of proof is also different: a criminal case requires proof “beyond a reasonable doubt,” while a civil case only requires a “preponderance of the evidence” (meaning it was more likely than not that the defendant was negligent). Even if no criminal charges are filed, or if the defendant is acquitted, your family can still win a wrongful death lawsuit.
Contact Our Trusted Bronx Wrongful Death Lawyers Today
The path to justice after losing a loved one is not a journey you should ever have to walk alone. The grief is immense, and the future can feel terrifyingly uncertain. Let our family at Maggiano, DiGirolamo & Lizzi stand with yours. We are here to lift the legal burden from your shoulders so you can focus on what matters most—honoring your loved one’s memory and caring for your family.
When you entrust us with your case, we will immediately get to work to:
- Conduct a Thorough Investigation to secure evidence and determine every party at fault.
- Handle All Communications with insurance companies, defense attorneys, and other parties so you don’t have to.
- Hire World-Class Experts such as economists and accident reconstructionists to build the strongest case possible.
- Calculate the Full Value of your family’s financial and personal losses to ensure you demand fair compensation.
- Provide You with Compassionate Support and clear communication every step of the way.
Justice drives us, and our clients inspire us. Let us be the courageous voice you need in this Cont time.
Contact Maggiano, DiGirolamo & Lizzi, P.C. today at (212) 543-1600 or through our online form for a free, no-obligation, and completely confidential consultation with one of our dedicated Bronx wrongful death attorneys. We are here to listen, and we are here to help.
Maggiano, DiGirolamo & Lizzi P.C. – Bronx Office
930 Grand Concourse #1a,
Bronx, NY 10451, United States
Ph: (646) 933-9630
