Bronx wrongful death lawyer: Secure Justice 2025

Why Finding the Right Legal Representation Matters After Losing a Loved One

A Bronx wrongful death lawyer helps families seek compensation when someone dies due to another party’s negligence or wrongful actions. If you’ve lost a loved one in the Bronx and need legal guidance, here’s what you need to know immediately:

Key Information About Bronx Wrongful Death Claims:

• Who Can File: Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New York
• Time Limit: You typically have two years from the date of death to file (90 days for government agency claims)
• Recoverable Damages: Funeral expenses, medical bills, lost income, loss of inheritance, and loss of services
• Cost: Most Bronx wrongful death lawyers work on contingency—no fees unless you win
• Common Causes: Car accidents, medical malpractice, construction accidents, premises liability, and product defects

When negligence cuts a life short, the impact on surviving family members is devastating. Beyond the profound grief, families face sudden financial pressures from lost income, medical bills, and funeral costs. New York law recognizes this injustice, giving families the right to seek compensation for a wrongful death. However, navigating this process while grieving is difficult, requiring a clear understanding of your legal options and strict deadlines.

Preventable deaths leave families struggling with both emotional loss and economic hardship. I’m Mark Segal, and for over 30 years, I’ve helped families in the Bronx pursue justice. As a Bronx wrongful death lawyer, I understand the challenges families face in New York’s legal system and know how to build cases that hold negligent parties accountable.

Understanding Wrongful Death Claims in the Bronx

When someone you love dies because of another’s careless, reckless, or intentional actions, the law calls this wrongful death. It is a civil claim, separate from any criminal charges, brought by the deceased’s estate to recover compensation for the family’s financial and emotional losses.

In New York, these claims are governed by New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1. The law defines wrongful death as a death caused by a “wrongful act, neglect, or default” that would have allowed the deceased to sue if they had survived.

Most cases hinge on proving negligence—the failure to act with reasonable care. A driver speeding, a doctor ignoring symptoms, or a property owner leaving a hazard unfixed are all examples of negligence. If this failure directly causes a death, it forms the basis of a wrongful death claim.

It’s important to know that a wrongful death lawsuit is different from a criminal case. Criminal cases are brought by the state to punish wrongdoers. A wrongful death lawsuit is brought by the family to seek financial compensation. The burden of proof is also lower. As your Bronx wrongful death lawyer, I only need to prove liability by a “preponderance of the evidence” (more likely than not), unlike the “beyond a reasonable doubt” standard in criminal court. This means a person can be held liable in a civil case even if they are acquitted criminally.

Common Causes of Preventable Fatalities

Preventable deaths occur far too often in the Bronx. Understanding the common causes can help you identify if you have a valid claim.

• Car accidents are a leading cause of wrongful death in New York, often stemming from distracted driving, speeding, or drunk driving. If your loved one died in a crash, we investigate whether negligence was a factor. Learn more about car accidents and your options.

• Medical malpractice is a serious issue. When a healthcare provider’s negligence—such as misdiagnosis, surgical errors, or medication mistakes—leads to a patient’s death, families have the right to seek justice. Our firm has a strong track record in these cases. Find out more about medical malpractice claims.

• Construction accidents are a major concern in our borough. When contractors ignore safety rules, workers and even passersby can suffer fatal injuries. We work to hold all responsible parties accountable. Explore more about construction accidents.

• Premises liability cases arise when property owners fail to maintain safe conditions, leading to fatal falls, negligent security incidents, or other tragedies. Property owners have a legal duty to keep their premises safe. Find out more about premises liability.

• Product liability claims involve deaths caused by defective or dangerous products. Manufacturers, distributors, and retailers can all be held liable when an unsafe product leads to a fatality. Visit our page on product liability for more information.

Other causes include nursing home neglect and criminal conduct. Even if criminal charges are filed, families can still pursue a civil wrongful death lawsuit. If your loved one’s death in the Bronx was caused by someone else’s negligence, you deserve answers and justice.

The Legal Process: Filing a Wrongful Death Lawsuit in New York

Navigating the legal process while grieving is a heavy burden. Understanding how a wrongful death lawsuit works in New York can help protect your family’s rights.

The moments after a preventable death are critical. If possible, try to preserve evidence from the scene—take photos and gather contact information from any witnesses. Request copies of police reports and medical records. Most importantly, don’t speak with insurance companies or sign any documents before consulting with a Bronx wrongful death lawyer. Their goal is to minimize their payout, not protect your interests.

Once you contact us, we handle the investigation. We gather evidence, interview witnesses, and consult with professionals to build a strong case, identifying all parties who may be legally responsible for your loved one’s death.

Who Is Eligible to File a Claim?

In New York, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This individual is usually named in the will. If there is no will, the court will appoint an administrator.

The personal representative files the lawsuit on behalf of the surviving family members who have suffered losses, known as “distributees.” These typically include the spouse, children, and parents. Any compensation recovered is distributed to these eligible family members according to New York law. For more details, visit our page on Wrongful Death Claims Bronx.

Navigating the Statute of Limitations

New York has strict deadlines, called the statute of limitations, for filing wrongful death lawsuits. Missing these deadlines can permanently bar you from seeking justice.

Generally, you have two years from the date of your loved one’s death to file a lawsuit, as established by New York State law. While this may seem like a long time, two years can pass quickly while you are grieving and managing your family’s affairs.

There are critical exceptions that shorten this timeline. For claims against government entities in the Bronx—like the city or a public authority—you must file a “Notice of Claim” within just 90 days. The lawsuit itself must then be filed within one year and 90 days. Missing the initial 90-day deadline can be fatal to your case.

Because these deadlines are complex and unforgiving, it is vital to contact a Bronx wrongful death lawyer as soon as possible. We will ensure all legal requirements are met on time while you focus on your family.

Securing Compensation: Damages and Liability in Bronx Cases

No amount of money can replace a loved one, but compensation is essential to address the financial instability that follows a wrongful death. The goal of a lawsuit is to secure “fair and just compensation for the pecuniary injuries”—the financial losses—your family has suffered.

A Bronx wrongful death lawyer helps quantify these losses and fights for a recovery that reflects the true impact on your family. We also protect your loved one’s reputation. Insurance companies often try to blame the deceased to reduce their payout. We challenge these false claims with our own investigation to ensure your loved one’s memory is honored.

What Damages Can Be Recovered?

Compensation in a wrongful death case covers both immediate and long-term financial losses. We typically seek to recover:

• Funeral and burial expenses.
• Medical bills incurred for treatment of the fatal injuries.
• Lost wages and income, including the earnings your loved one would have provided over their lifetime.
• Loss of inheritance, meaning the assets your loved one would have accumulated and passed on.
• Loss of services, which includes the value of household contributions, childcare, guidance, and support.
• Pain and suffering that your loved one experienced between the time of injury and their death.

In cases of extreme recklessness, punitive damages may be awarded to punish the wrongdoer. For a full breakdown, see our page on Wrongful Death Damages Bronx.

The Role of Comparative Negligence and Liability

New York follows a pure comparative fault rule. This means if your loved one is found partially at fault for the accident, your compensation will be reduced by their percentage of fault. For example, if damages are $1 million and your loved one was 20% at fault, the recovery would be $800,000.

Insurance companies aggressively use this rule to shift blame. We counter this by thoroughly investigating the incident and identifying every party who shares responsibility. Depending on the case, liable parties can include:

• Negligent drivers in car accidents.
• Property owners who fail to maintain safe premises.
• Employers who ignore workplace safety regulations.
• Manufacturers of defective products.
• Doctors and hospitals in medical malpractice cases.
• Government entities responsible for unsafe conditions.

We leave no stone unturned in holding all negligent parties accountable to maximize the compensation available to your family.

Why Partner with an Experienced Bronx Wrongful Death Lawyer

Navigating a wrongful death claim while grieving is nearly impossible to do alone. A Bronx wrongful death lawyer steps in to handle the legal complexities, allowing you to focus on your family’s healing.

Insurance companies are not on your side. Their goal is to pay as little as possible, and they have teams of lawyers working to protect their bottom line. Without experienced representation, families often accept lowball settlements or are denied compensation altogether. We have over 30 years of experience fighting these companies and know how to counter their tactics.

Our investigation is meticulous. We gather all reports, interview witnesses, secure video footage, and work with professionals to build a powerful case. We calculate the full extent of your family’s losses, both present and future, and handle all communications with insurance companies and defense attorneys. If a fair settlement isn’t offered, we are always prepared to take your case to a jury.

How a Dedicated Attorney Can Help Your Family

When you work with us, we take on the entire legal burden. Our deep knowledge of New York wrongful death law and the Bronx legal landscape translates into better outcomes for our clients. We focus on maximizing your financial recovery by identifying all liable parties and presenting compelling evidence.

Our track record includes millions in life-changing settlements and verdicts, such as a $5 million settlement for medical negligence and a $2.3 million settlement for hospital negligence. These results represent real families who gained the financial stability they needed. You can review more of our Results.

We fiercely protect your rights and your loved one’s reputation from insurance company tactics. Our firm brings over 75 years of combined experience to your case, driven by the belief that innocent people should not suffer due to others’ wrongful actions. Learn more about our commitment on our Why Hire Us page.

Understanding the Costs of a Bronx wrongful death lawyer

Financial concerns should never prevent you from seeking justice. We handle all wrongful death cases on a contingency fee basis.

This means you pay nothing upfront. We cover all costs of building your case. We only get paid if we win, receiving a percentage of the compensation we recover for you. If we don’t secure a recovery, you owe us nothing.

We also offer a free, no-obligation case evaluation to discuss your situation and explain your legal options. This “no win, no fee” promise ensures everyone has access to quality legal representation, regardless of their financial situation.

Frequently Asked Questions about Bronx Wrongful Death Claims

Losing a loved one brings many questions and concerns. Here are answers to some of the most common questions we hear from families in the Bronx.

What evidence is crucial for proving negligence in a wrongful death claim?

To build a strong case, we gather key evidence to prove another party’s negligence caused the death. This includes:

• Police, medical, and autopsy reports to establish facts and cause of death.
• Witness statements from anyone who saw what happened.
• Video footage from surveillance, dashcams, or cell phones.
• Photos of the scene and any physical evidence.
• Analysis from professionals, such as accident reconstructionists and medical reviewers, who provide in-depth reports to strengthen the case.

Each piece helps us build a complete picture of what happened and who is responsible.

How does a wrongful death lawsuit differ from a personal injury survival action?

These are two distinct claims that can arise from the same incident:

• A wrongful death lawsuit compensates the surviving family members for their financial losses. This includes lost income, loss of services, and funeral expenses. It addresses the financial void created by your loved one’s death.

• A personal injury survival action compensates the estate for what the deceased themselves suffered. If your loved one experienced conscious pain and suffering between their injury and death, this action seeks damages for that suffering, as well as for medical bills incurred.

In most cases, we file both claims together to pursue all possible avenues of compensation. You can learn more on our Personal Injury page.

How can a Bronx wrongful death lawyer protect my loved one’s reputation if they are blamed?

It is a common and painful tactic for insurance companies to blame the deceased to reduce or deny a claim. As your Bronx wrongful death lawyer, protecting your loved one’s reputation is a top priority.

We counter these allegations by:

• Conducting our own independent investigation to uncover the true facts, rather than relying on the insurance company’s version of events.
• Aggressively challenging false claims with contradictory evidence, such as witness testimony or video footage.
• Minimizing any percentage of fault assigned to your loved one by proving the defendant’s negligence was the primary cause of the tragedy.

We fight to ensure the story is told truthfully and that your loved one’s memory is honored. You should not have to endure baseless accusations on top of your grief.

Taking the Next Step Toward Justice and Healing

Losing a loved one to negligence is a profound injustice. A wrongful death claim in the Bronx can provide the financial stability your family needs and hold the responsible parties accountable.

However, you must act quickly. New York law gives you just two years from the date of death to file a claim in most cases, and only 90 days to file a notice of claim against a government entity. Missing these deadlines can mean losing your right to compensation forever.

At Segal & Lax, we understand the burdens you face. We shoulder the legal complexities so you can focus on healing. Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case. There is no financial risk to you.

With over 75 years of combined experience, we have helped countless Bronx families secure the justice and financial recovery they deserve. The path forward begins with a conversation. We offer a free, confidential case evaluation to answer your questions and explain your rights.

If your family has suffered a loss in the Bronx due to a car accident, medical malpractice, or any other form of negligence, contact us today. Let a Bronx wrongful death lawyer from our firm fight for your family’s future. Contact us to discuss your car accident case or any other wrongful death matter.