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Bronx Car Accident Wrongful Death Lawyer

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After a tragic car accident where you lose a loved one, you may find yourself overwhelmed with grief and not ready to face legal battles for justice and compensation. A Bronx wrongful death lawyer can help you during this traumatic phase and give you some time to cope with your sorrow whilst holding the at-fault party accountable. 

At Uptown Injury Law, PLLC, we understand the severity of such accidents. That’s why we aim to offer you support every step of the way. We will carefully review your case, discuss your legal options, and immediately start the claims process to pursue the justice that your loved one deserves. So, don’t wait; send your case details to us for a FREE case evaluation today, or call us at 917-540-8728.

How Does a Bronx Car Accident Wrongful Death Lawyer Offer Support to Families? 

Bronx wrongful death lawyer at Uptown Injury Law, PLLC can provide invaluable support after a fatal car accident. Our team will manage the legal process while allowing you to grieve and heal. Furthermore, with the assistance of expert witnesses, our attorneys will accurately calculate the losses suffered and file a wrongful death lawsuit against the liable individual(s) to ensure maximum compensation.

1. Provide You Space to Heal and Recover From Your Loss

Wrongful death accident lawyers understand the importance of giving you and your family the space and time you need to grieve your loss. By taking on the legal burdens associated with a wrongful death claim, an attorney allows you and your family to focus on your emotional recovery without the added stress of tackling the legal claims. You may need to fully recover before proceeding with legal action, as it may increase your chances of securing justice.

It’s also essential to document your journey throughout the recovery process to provide valuable evidence and personal insight into the impact of your loss. You can do this by keeping a journal, recording milestones, and noting how the loss has affected your daily life. 

This documentation can be crucial when proving the emotional and psychological damages in court, which can significantly influence the outcome of your case.

2. Challenge the Wrongful Death Accusations Against Your Loved Ones 

Losing a close family member due to someone else’s fault is a devastating experience. In such incidents, you may be entitled to compensation for the losses you have suffered. However, the party responsible for the death may not be willing to compensate you or even admit their wrongdoing. 

Moreover, the at-fault party’s insurance company might try to decrease your payout or completely deny your wrongful death claim.

Our Bronx wrongful death attorneys at Uptown Injury Law, PLLC will manage all negotiations with insurance companies and secure your rightful settlement. However, if the negotiations are unsuccessful, our team is prepared to take your case to court and advocate on your behalf.

3. Hire Expert Witnesses for an Accurate Valuation of Your Damages

Our attorneys possess both the resources and the connections necessary to hire expert witnesses. We’ll seek the services of accident reconstruction specialists who can help establish liability or economists skilled in calculating the financial losses due to the accident. This step will help you build a strong case that shows the actual value of your claim and maximizes your compensation.

How Is Wrongful Death Defined Under the Bronx Law?

The Bronx law defines wrongful death as a death caused by the wrongful act or negligence of another party. This means that if your loved one dies as a result of someone else’s fault, you or your family members may have the right to file a wrongful death lawsuit. 

Through the lawsuit, you can receive compensation for your losses, such as the deceased’s lost wages, funeral expenses, and lost companionship. At Uptown Injury Law, PLLC, we specialize in representing victims in wrongful death claims arising from incidents, such as:

Each accident represents a tragic loss that could have been prevented. Uptown Injury Law, PLLC is committed to helping you through these challenging times by seeking the justice and compensation your family deserves.

Who Is Eligible to Make a Wrongful Death Claim After a Bronx Car Accident?

If your loved one has passed away in a fatal car accident in the Bronx, you can file a wrongful death case if you’re:

  • The spouse of the deceased
  • A parent of the deceased
  • A child of the deceased
  • The personal representative of the deceased’s estate

Your loved one could have designated a personal representative before passing, or a court may appoint them. The personal representative safeguards the rights and interests of your loved one, as well as those of you and other surviving family members.

Moreover, if you are the deceased’s spouse, child, or parent, you are usually entitled to any financial compensation from the lawsuit. This compensation is intended to ease your financial burden and support you during this difficult time.

How Long Do You Have to File a Lawsuit After a Fatal Bronx Car Crash? 

In New York State, you have a two-year window from the date of your loved one’s death to file a wrongful death lawsuit. However, remember that this date might not be the date of a fatal accident if your loved one survived their injuries initially. When considering a wrongful death lawsuit in the Bronx, the following exceptions can extend the statute of limitations:

  • Cases Involving Minors: If you were underage during the wrongful death of your loved one, the court may extend the statute of limitations, allowing you to file a lawsuit within two years after you turn 18.
  • Discovery Rule: Sometimes, if the cause of death wasn’t immediately apparent or the wrongful act wasn’t readily discoverable, the statute of limitations might extend. The countdown could begin from the moment you identify the cause of death.

Due to the critical nature of these deadlines, you should immediately hire an experienced wrongful death attorney. At Uptown Injury Law PLLC, our Bronx wrongful death attorneys will help you understand and meet the deadlines for filing your claim so you don’t lose your right to seek compensation. 

Who Can You Sue for a Wrongful Death in the Bronx? 

In the Bronx, determining who is responsible for your family member’s tragic death requires a thorough investigation. The investigation may reveal multiple parties that you can sue in your wrongful death case, such as:

  • Vehicle manufacturers
  • Drivers of passenger cars, trucks, or motorcycles
  • Bicyclists or pedestrians
  • Rideshare drivers
  • E-scooter operators
  • Property owners
  • The at-fault party’s employer
  • Government agencies
  • Hospitals
  • Nursing homes
  • Caretakers
  • Doctors and other medical professionals

Our team of dedicated wrongful death lawyers in the Bronx will tirelessly seek to uncover the causes of your loved one’s accident and identify who is at fault. Once we establish liability, we will pursue legal action against the at-fault party to seek justice for your family.

How to Prove Fault in a Fatal Car Accident Case?

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To prove fault in a fatal car accident case, New York law requires you, as the family member or personal representative of the deceased, to demonstrate negligence. You must prove the following four elements to win your wrongful death case:

  1. At-fault party’s duty of care to the deceased person
  2. Breach of the duty of care
  3. Causation/link between the breach and the damages
  4. Damages

In addition to negligence, strict liability and intentional acts are crucial in proving fault in fatal car accidents. Strict liability applies to cases where an accident results from high-risk activities or defective products. In these instances, you can establish fault without proving negligence. 

Compensation You May Obtain for a Wrongful Death Car Accident Claim

You are entitled to receive compensation for the following damages in a Bronx wrongful death case:

  • Funeral expenses that cover the burial and funeral services.
  • Future lost wages, including benefits and potential raises the deceased might have received.
  • Loss of consortium for the spouse, which compensates for the loss of companionship, love, and comfort.
  • Loss of parental support for minor children covers the loss of guidance and emotional support.
  • Medical bills for medical care your loved one received before passing away due to their fatal injury.
  • Pain and suffering of the deceased before death, including awareness of their impending death.
  • Punitive damages for particularly reckless or negligent behavior of the liable party.
  • Property damage resulting from the accident.

Calculating financial losses is relatively simple as it involves adding up expenses. However, determining non-economic losses such as pain, emotional suffering, and loss of consortium can be complicated. 

To ensure you understand the actual value of your damages, you should seek representation from experienced wrongful death attorneys at Uptown Injury Law, PLLC. Our team can help you tackle the complexities of calculating these damages.

How Much Is Your Wrongful Death Lawsuit Worth in the Bronx?

A wrongful death lawsuit may settle for anything between $500,000 and approximately $1 million. The settlement amount may depend on various factors such as the nature of the death, your loved one’s suffering before passing, their age, their relationship with family members, and their economic contributions to the household.

Remember that each case is unique and has its own settlement value. Thus, it is essential to consult with a specialized wrongful death attorney to assess potential compensation accurately.

Get a Free Consultation With Bronx Car Accident Wrongful Death Lawyer 

Are you struggling to secure justice after losing a loved one in a car crash? Uptown Injury Law, PLLC, is here to support you. We understand that no financial compensation can ever replace your loved one. But we are committed to helping you and your family recover the necessary compensation to get through this challenging time.

Why Choose Uptown Injury Law, PLLC?

Our team of experienced wrongful death attorneys brings over 15 years of dedicated service to your case. With a successful track record of winning over $100 million in verdicts and settlements, our law firm can confidently support car accident victims. Our clients’ testimonials reflect our commitment to securing justice on your behalf.

Time is critical in these cases. Begin your FREE case evaluation, or call us at 917-540-8728 to discuss your case with our skilled lawyers.

FAQs

How Do Bronx Wrongful Death Lawyers Calculate Settlements of Wrongful Deaths?

Bronx wrongful death lawyers calculate settlements by considering various factors. Firstly, they evaluate the economic losses, including the deceased’s potential future earnings and funeral and medical expenses. Then, they assess non-economic losses such as loss of consortium, pain, and suffering

Additionally, they also examine the specific circumstances surrounding the death and any applicable punitive damages. The process involves gathering solid evidence, consulting with financial and medical experts, and applying state-specific wrongful death statutes to determine the appropriate compensation amount accurately.

How Are Wrongful Death Settlements Paid Out in New York?

In New York, wrongful death settlements are distributed based on the surviving family members of the deceased. If there is a spouse and children, the spouse receives $50,000 along with half of the remaining balance of the estate, while the court divides the other half equally among the children. 

If there are children but no spouse, the court divides the estate equally among the children. In situations where there are parents but no spouse or children, the entire estate is transferred to the parent(s).

What Should You Do if Someone Else’s Negligence Caused a Family Member’s Death?

You should consult with a wrongful death lawyer as soon as possible if someone’s negligence caused your loved one’s death. A seasoned lawyer will help you understand your legal options for seeking compensation. They will guide you through the process of filing a wrongful death claim, which involves proving negligence, documenting financial and emotional losses, and negotiating with responsible parties to secure a financial recovery.

Do Close Family Members Receive Pain and Suffering Damages in Wrongful Death Cases?

Yes, you can claim pain or suffering damages as a close family member in wrongful death cases. Generally, these damages are granted in scenarios where you have experienced severe trauma or shock due to the death of the deceased. For instance, a child who witnesses the death of a parent is eligible to claim pain and suffering damages.

What Is the Wrongful Death Law in the New York?

The wrongful death law in New York allows you, as a representative of the deceased’s estate, to file a lawsuit against the party responsible for the death. Essentially, this law provides financial compensation to you or the surviving family members of the deceased who passed away due to someone else’s negligence. This compensation covers expenses such as funeral costs, lost wages, and loss of companionship.

Note that you must file a wrongful death claim in New York within two years from the date of death. However, the specific circumstances of your case may affect this timeframe. Thus, you should consult a legal expert to find out your exact filing deadline.

How Much Do Bronx Lawyers Charge for Wrongful Death Lawsuits?

In the Bronx, wrongful death lawyers typically charge between 33% to 40% of the total settlement amount. They work on a contingency fee basis, meaning you only pay them if they win your case. This payment structure ensures that your lawyer’s interests are directly aligned with yours, as their fee depends on securing maximum compensation for you. 

How Do I Find the Best Wrongful Death Lawyer?

To find an exceptional wrongful death lawyer, research attorneys specializing in wrongful death cases. Always focus on those with a proven track record of success in similar legal cases. Furthermore, you can read client reviews and testimonials to verify their reputation. You can also take advantage of free consultations with attorneys to discuss the details of your case. This way, you can evaluate their confidence, strategy to strengthen your case, and communication or problem-solving skills.

If you require assistance with a wrongful death case, consider contacting our legal team at Uptown Injury Law, PLLC. With over 15 years of dedicated experience in handling personal injury cases, our lawyers can help you pursue the compensation you’re entitled to. 

How Long Does a Wrongful Death Lawsuit Take?

Wrongful death cases can take a few months to several years to resolve. The timeline depends on the complexity of the case, the amount of evidence available, the willingness of the parties to settle, and the court proceedings. In straightforward cases where evidence and liability are clear, you can settle relatively quickly. However, if the case requires extensive investigation or goes to trial, it can extend the time significantly.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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