Bronx Wrongful Death Lawyer

Losing someone you love is devastating. When their death is caused by someone else’s negligent or wrongful actions, the pain can be even harder to bear. Along with grief, families are often left with medical bills, funeral expenses, and lost income. In New York, and especially in the Bronx where serious accidents and incidents are unfortunately common, the law allows surviving family members to bring a wrongful death claim. A Bronx wrongful death lawyer can help guide families through this legal process and pursue financial compensation from the responsible party.

Wrongful death claims are civil lawsuits brought by the personal representative of the deceased person’s estate. The lawsuit seeks to recover damages on behalf of the surviving family members, such as a spouse, children, or parents, who have suffered financially because of the death. Common cases involve car crashes, workplace accidents, medical malpractice, unsafe property conditions, or dangerous products. These cases are not just about money. They are also about holding wrongdoers accountable and protecting the family’s future. A skilled Bronx wrongful death lawyer can investigate what happened, gather evidence, and file the necessary paperwork while you focus on healing. Time limits apply to these claims, so speaking with an attorney as soon as possible is the best way to protect your rights.

Lawyers working with our office have achieved the following results in wrongful death cases:

• $9 Million Settlement in a case involving a 49-year-old window washer who fell 13 stories to his death while working on a Manhattan building. The case settled just before trial in Bronx County.
• $40 Million Verdict in a wrongful death case involving a 63-year-old man who was killed when a commercial truck struck an overpass, causing its container to detach and crash through the front of his vehicle. His wife, who was driving, swerved to avoid the debris, collided with a Walmart truck, and the vehicle overturned.
• $5.73 Million Verdict in a medical malpractice case involving the wrongful death of a 56-year-old elevator mechanic. While recovering from a minor stroke, he underwent surgery to place a feeding tube. During the procedure, a significant drop in blood pressure caused irreversible brain damage.
• $3.82 Million Settlement in a civil rights case involving the wrongful death of a Rikers Island inmate who was unconstitutionally denied medical care. The settlement was reached in the United States District Court for the Southern District of New York.

A wrongful death claim in New York is based on a death caused by another party’s wrongful act, negligence, or failure to meet a legal duty. See EPTL § 5-4.1. If the deceased would have had the right to sue for personal injury had they survived, then a wrongful death action may be brought by their estate.

Only the personal representative of the deceased person's estate has the legal right to file the lawsuit. This person may be named in the decedent's will or appointed by the Surrogate's Court if there is no will. The personal representative brings the claim on behalf of the statutory distributees, typically the spouse, children, or parents.

Although the lawsuit must be filed by the personal representative, any damages recovered are for the benefit of the distributees. EPTL § 5-4.4 governs how the damages are allocated. Common distributees include:

• A surviving spouse
• Children, including adopted children
• Parents (if no spouse or children exist)

Siblings, cousins, or others are usually not entitled to compensation unless they can prove financial dependence and no closer relatives are eligible. In Matter of Hoyte, 71 Misc. 3d 1042 (Sur. Ct. Albany County 2021), the decedent died intestate, survived by his wife and six children. Supreme Court approved a settlement and allocated 100% of the proceeds to wrongful death, finding the decedent was unconscious before death. The Albany County Department of Social Services (DSS) objected, seeking an allocation to personal injury to recover a Medicaid lien. Surrogate’s Court dismissed the objection, holding it lacked authority to alter Supreme Court’s allocation. The court also clarified that wrongful death proceeds are distributed based on each distributee’s pecuniary loss, not split equally.

The types of incidents that can lead to a wrongful death in the Bronx include:

• Motor Vehicle Accidents. Drivers who act recklessly, drive under the influence, or fail to obey traffic laws may be held liable for fatal crashes. Bronx roads like the Cross Bronx Expressway and Major Deegan Expressway are frequent sites of serious collisions. In Spivak v. Heyward, 248 A.D.2d 58 (1st Dep’t 1998), the plaintiffs’ son was killed in a car crash in the Bronx after the defendant fell asleep at the wheel, causing the vehicle to leave the road and go down an embankment. The Appellate Division held that an admission of falling asleep at the wheel gives rise to a rebuttable presumption of negligence. Citing Kilburn v. Bush, 223 A.D.2d 110 (4th Dep’t 1996), the court found that Heyward failed to present any evidence rebutting the presumption.
• Medical Malpractice. When doctors or hospitals fail to provide proper care, and that failure causes a patient’s death, a wrongful death lawsuit may be appropriate. This includes misdiagnosis, surgical mistakes, medication errors, or lack of informed consent.
• Construction Accidents. Construction remains one of the most dangerous industries in New York. Under Labor Law § 240, property owners and contractors may be held liable when a worker is injured or killed in a height-related accident.
• Premises Liability. Property owners must keep their premises reasonably safe. Fatal accidents due to dangerous conditions, such as broken stairways, inadequate lighting, or a lack of security, can lead to a wrongful death claim.
• Defective Products. Manufacturers and sellers have a duty to design, build, and market safe products. If a defective product causes a fatal injury, the company may be held responsible. This includes household products, cars, tools, and medical devices. In Voss v. Black & Decker Manufacturing Co., 59 N.Y.2d 102 (1983), the court held that manufacturers must account for safety in product design and warned that a failure to do so could lead to liability for injury or death.

Wrongful death damages in New York focus on pecuniary losses, or the financial impact of the death on surviving family members. Under EPTL § 5-4.3, recoverable damages may include:

• Funeral and burial costs
• Medical expenses related to the fatal injury
• Lost income and benefits the deceased would have earned
• Loss of financial support to dependents
• Loss of household services, childcare, and guidance
• Loss of parental instruction and nurturing for children

New York currently does not allow compensation for emotional grief, sorrow, or loss of companionship. However, that may change soon.

A survival action is a type of lawsuit the estate can bring in addition to a wrongful death claim. It is allowed under EPTL § 11-3.2(b) and focuses on what the person went through between the time they were injured and the time they died. It covers things like pain and suffering, medical bills, and lost income during that period.

To bring this kind of claim, there must be some proof that the person was aware of what was happening—such as being in pain, scared, or otherwise conscious before they passed away. This is often called “conscious pain and suffering.” For example, in Heslin v. County of Greene, 14 N.Y.3d 67 (2010), the court explained that these damages are for what the person experienced before death and belong to their estate.

Unlike a wrongful death claim, which is for the family’s losses, a survival action is about what the deceased person went through. Any money recovered from a survival action goes to the estate and may be used to pay debts before anything is distributed to heirs.

If you believe your loved one experienced suffering before death, speak with an experienced Bronx wrongful death lawyer to find out if a survival action may be available.

The state of limitations for a wrongful death case in New York is two years from the date of death, according to EPTL § 5-4.1. However, certain exceptions may apply:

• Criminal Case Pending: If the defendant is facing criminal charges, the civil lawsuit may be filed within one year after the criminal case ends, even if more than two years have passed.
• Claims Against Government Entities: A Notice of Claim must be filed within 90 days of the appointment of the personal representative, as required by General Municipal Law § 50-e. The wrongful death lawsuit must then be filed within two years. Failure to file the Notice of Claim on time may result in dismissal of the case, so it is important to act quickly if a municipality or public agency is involved.
• Medical Malpractice Claims: If the death arose from malpractice, the time limits may be governed by CPLR § 214-a, which sets a deadline of 2 years and 6 months from the date of the act or omission.
• Defective Products: If the claim involves product liability, the statute of limitations may be 3 years from the date of death under CPLR § 214.

Because of these differences and the risk of missing a deadline, it is important to speak with a Bronx wrongful death attorney as soon as possible.

When someone dies at work in New York, they may receive benefits under WCL § 16 (Workers’ Compensation Law § 16). These include weekly cash payments to eligible dependents and reimbursement for funeral and burial expenses.

However, WCL § 29(6) makes workers’ compensation the exclusive remedy against the employer. In most cases, the family cannot sue the employer for wrongful death, even if the death was due to negligence. But if a third party, such as a subcontractor, property owner, or equipment manufacturer, was partly responsible, the estate may file a wrongful death lawsuit against that third party.

In Lundberg v. State of New York, 25 N.Y.2d 467 (1969), the Court of Appeals confirmed that a family could pursue a wrongful death claim against a third party, even while receiving workers’ compensation benefits, because third-party liability falls outside the employer’s protection under the exclusive remedy rule.

These situations are common in Bronx construction cases where several contractors are on-site. If your loved one died in a workplace accident, it is important to speak with an experienced wrongful death attorney serving the Bronx to determine whether a third-party lawsuit is possible in addition to workers’ compensation benefits.

If you have lost a loved one due to someone else’s actions, you may have the right to pursue justice through a wrongful death claim. While no amount of money can bring back your family member, a successful lawsuit can help provide financial security and closure.

Contact an experienced wrongful death attorney in the Bronx at Stephen Bilkis & Associates today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Bronx, Manhattan, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Nassau County, and Queens.