Bronx Wrongful Death Lawyers

Key Takeaways:

• The Orlow Firm specializes in wrongful death cases, offering comprehensive legal support and representation.
• Compensation may include not just funeral expenses but lost income, emotional distress, and more.
• Call (646) 647-3398 For A Free Case Evaluation.

How The Orlow Firm Maximizes Your Wrongful Death Case

The prospect of pursuing a wrongful death lawsuit can be daunting, especially when you’re already dealing with the emotional toll of losing a loved one. At The Orlow Firm, our specialized Bronx wrongful death lawyers are dedicated to simplifying this complex process and maximizing your potential compensation. Here’s how we do it:

Expert Legal Advice: From the initial consultation to the final verdict, we provide you with expert legal advice tailored to your specific case. We help you understand your rights, the laws that apply to your case, and the best legal strategies to achieve a favorable outcome.

Comprehensive Case Evaluation: Before proceeding, we conduct a thorough investigation to determine the merits of your wrongful death claim. This includes gathering evidence, interviewing witnesses, and consulting with experts, allowing us to build a robust case on your behalf.

Negotiation and Litigation Skills: With vast experience in both negotiation and courtroom settings, we are equipped to represent your interests fully. Whether it’s a settlement negotiation or a full-blown trial, we aim for the maximum compensation you are entitled to under New York law.

Specialized Knowledge of Bronx and NYC Laws: Local laws can significantly impact your case. Our Bronx wrongful death lawyers have in-depth knowledge of local regulations and statutes, ensuring your case is handled according to the most current legal standards.

No Upfront Fees: We understand that legal expenses can be a burden, especially during this trying time. That’s why we work on a contingency fee basis, meaning you pay nothing unless we win your case.

Strategic Partnerships with Medical and Financial Experts: To substantiate your claim, we collaborate with a network of medical professionals and financial analysts. These experts can provide essential input on medical malpractice, accident reconstruction, or economic loss calculations, strengthening your case.

Regular Updates and Communication: We keep you informed every step of the way, explaining complex legal jargon in a manner that you can understand. Open and consistent communication is a hallmark of our client services.

Emotional Support and Empathy: While our primary role is as your legal advocate, we also understand the emotional toll a wrongful death case can take. We offer compassionate, empathetic support throughout the legal process.

Ethical Representation: Integrity is at the core of our practice. We adhere to the highest ethical standards, ensuring that your case is handled with transparency and honesty.

Dedicated Legal Team: When you choose The Orlow Firm, you’re not just getting a lawyer; you’re getting a dedicated legal team committed to fighting for your justice. Our collaborative approach ensures that every angle is explored, and no stone is left unturned.

When you’re dealing with the loss of a loved one, you need a legal team that’s both compassionate and aggressive in seeking justice. At The Orlow Firm, we bring our extensive experience, specialized skill set, and emotional intelligence to every wrongful death case we handle. Call (646) 647-3398 for a free case evaluation and let us help you maximize your wrongful death claim in The Bronx.

What Victims Can Be Compensated For in New York Wrongful Death Cases

When you lose a loved one due to someone else’s negligence, no amount of money can replace the emotional void left behind. However, financial compensation can alleviate the additional stressors that come with an unexpected death, such as funeral expenses, lost income, and more. In New York, the law allows for various types of damages to be claimed in a wrongful death lawsuit. These damages can be classified into two primary categories: economic and non-economic damages. Here’s what you can be compensated for:

Economic Damages

Medical Expenses: Any medical costs incurred while treating the deceased before their passing can be claimed. This includes hospital stays, medication, surgeries, and any other medical procedures or treatments.

Funeral and Burial Costs: These are generally straightforward to calculate and can include everything from the casket and funeral service to burial or cremation costs.

Lost Wages and Benefits: This includes the income the deceased would have reasonably been expected to earn had they lived, as well as benefits like healthcare and retirement funds.

Loss of Inheritance: This applies if the deceased had children or other dependents who have lost out on an inheritance due to the early passing of their loved one.

Property Damages: If there was property damage involved in the events leading to the wrongful death, such as a car accident, those damages could be compensable.

Legal Fees and Expenses: The costs associated with bringing the wrongful death lawsuit, including attorney’s fees, can often be recovered as part of the economic damages.

Non-Economic Damages

Pain and Suffering: Although the deceased cannot be compensated for pain and suffering, the survivors can claim for the emotional distress they have suffered due to the loss of their loved one.

Loss of Consortium: Spouses may claim for the loss of companionship, affection, and sexual relations that come with losing a partner.

Loss of Parental Guidance: If the deceased left behind minor children, compensation may be claimed for the loss of guidance, nurturing, and upbringing those children will experience.

Loss of Society and Companionship: This applies to the emotional pain and loneliness suffered by close family members due to the absence of their loved one.

Emotional Distress: The immediate family members can seek compensation for their emotional pain and suffering caused by their loss.

Punitive Damages: While not common, punitive damages may be awarded in cases where the defendant’s actions were especially negligent or malicious. These are designed to punish the defendant and deter similar conduct in the future.

Understanding what you can be compensated for is crucial when filing a wrongful death claim. The Bronx wrongful death lawyers at The Orlow Firm are experts in identifying all potential avenues of compensation, ensuring you receive the maximum amount to which you’re entitled. Call (646) 647-3398 for a free case evaluation to discuss your specific circumstances and understand how you can be best compensated for your loss.

Determining Legal Liability in New York Wrongful Death Cases

Determining who’s legally responsible in a wrongful death case can be a complex and multifaceted process, often involving multiple parties and numerous legal considerations. In The Bronx and throughout New York, liability may lie with individuals, corporations, governmental agencies, or a combination thereof. Establishing fault is crucial because it affects how damages are awarded and who bears the financial responsibility for the wrongful death.

In car accident-related wrongful death cases, for example, the at-fault driver could be held responsible. However, if a defect in the vehicle contributed to the accident, the car manufacturer might also share in the liability. Similarly, if poor road conditions played a role, a government agency responsible for maintaining the roads could be held partially accountable.

In medical malpractice-related wrongful deaths, the liability could extend beyond the doctor who made an error to include the hospital for failing to maintain an acceptable standard of care. Pharmaceutical companies could be liable if a death was caused due to defective or harmful medication.

Workplace accidents bring into play different standards of responsibility. Employers are generally responsible for providing a safe work environment, and if they fail in this duty, they could be held responsible for a wrongful death. In some cases, a third-party contractor or even a co-worker might share in the liability.

Premises liability also plays a significant role in wrongful death cases. If someone dies due to unsafe conditions on someone’s property, the property owner can be held responsible. This could range from a slip and fall at a grocery store to an accident at an amusement park.

Product manufacturers are another common source of liability. If a product is designed or manufactured in a way that makes it unsafe when used as intended, the company that made it could be held accountable.

Sometimes, more than one party can be legally responsible for a wrongful death. New York follows the rule of “comparative negligence,” which allows liability to be divided among multiple parties based on their percentage of fault. This means that each responsible party is only liable for their proportion of the total damages.

The Bronx wrongful death lawyers at The Orlow Firm are skilled at identifying all potentially liable parties and holding them accountable. Through thorough investigation and application of relevant laws, we strive to ensure that justice is served and that you receive the compensation you deserve. If you’re uncertain about who could be held legally responsible in your case, call (646) 647-3398 for a free case evaluation. Let us navigate the complexities of liability on your behalf, providing the legal support you need during this difficult time.

Common Types of Injuries in Bronx Wrongful Death Cases

In wrongful death cases, the types of injuries sustained by the deceased can vary widely and are often dependent on the circumstances leading to the death. From car accidents and medical malpractice to workplace incidents and product defects, the injuries can range from physical trauma to illnesses caused by exposure to harmful substances. Understanding the type of injury is crucial for building a robust wrongful death claim as it helps to establish the extent of negligence and the damages that can be claimed.

1. Traumatic Brain Injuries: Often resulting from car accidents or falls, these can lead to death either immediately or after a period of medical treatment.
2. Spinal Cord Injuries: Caused by severe trauma to the spinal cord, these injuries can lead to paralysis and even death, particularly if they result in respiratory failure.
3. Burn Injuries: Severe burn injuries can be fatal due to complications like infections, shock, or respiratory issues.
4. Internal Injuries: These include damage to internal organs such as the liver, kidneys, or lungs, often due to blunt force trauma.
5. Suffocation or Asphyxiation: Common in workplace accidents or faulty product cases, these injuries can cause immediate death.
6. Drowning: This could occur in a variety of settings, including swimming pools, boating accidents, or during natural disasters.
7. Electrocution: Often seen in construction or workplace accidents, where the deceased comes into contact with live electrical wires.
8. Poisoning or Toxic Exposure: Whether it’s exposure to harmful chemicals at work or a lethal dose of medication, these cases can be complex and require specialized expertise.
9. Gunshot Wounds: These are generally straightforward but can be complicated if they involve issues like self-defense or accidental discharge.
10. Medical Complications: Deaths can occur due to surgical errors, incorrect medication, or misdiagnosis, falling under the purview of medical malpractice claims.

The types of injuries leading to wrongful death cases are as varied as the circumstances surrounding them. Knowing the specifics of the injury can help not only in establishing liability but also in determining the types of damages that can be claimed. With extensive experience in handling a broad spectrum of wrongful death cases, The Bronx wrongful death lawyers at The Orlow Firm are well-equipped to address the complexities that different injuries bring into the legal proceedings. If your loved one’s death resulted from any of these injuries or others, call (646) 647-3398 for a free case evaluation to discuss your options and potential claims.

Common Types of Wrongful Death Accidents in The Bronx

Understanding the diverse scenarios in which a wrongful death can occur is crucial for victims seeking justice for their lost loved ones. The Bronx wrongful death lawyers at The Orlow Firm have extensive experience in navigating the legal landscape across a variety of circumstances that can lead to wrongful death claims.

Car Accidents: One of the most common scenarios, wrongful deaths often occur due to reckless driving, DUIs, or even simple negligence on the part of another driver.

Medical Malpractice: In cases where a healthcare provider fails to provide the standard of care expected, resulting in a patient’s death, a wrongful death claim may be viable.

Workplace Accidents: Industries like construction and manufacturing are more prone to accidents that could result in death. Employers’ failure to maintain safety standards can make them liable.

Product Liability: If a consumer product, such as an appliance or a piece of furniture, is defective and leads to a fatality, the manufacturer or distributor can be held accountable.

Pedestrian Accidents: Often involving vehicle collisions, pedestrians can be fatally injured due to negligent drivers, inadequate road conditions, or faulty traffic signals.

Public Transport Accidents: Involving buses, trains, or subways, these cases can get complex as they may include multiple parties like the transport company, the city, or even other passengers.

Premises Liability: Property owners can be held responsible if a death occurs due to unsafe conditions on their premises, such as wet floors, poor lighting, or lack of security measures.

Bicycle Accidents: Cyclists are vulnerable on the road, and when drivers fail to pay attention, fatal accidents can happen.

Motorcycle Accidents: Like bicycle accidents, motorcyclists are also at high risk. Negligence on the part of other drivers can lead to fatal crashes.

Boating Accidents: Whether on a private boat or a commercial vessel, negligence or recklessness can lead to tragic outcomes, making the operator or owner potentially liable.

Police Brutality: Unfortunately, wrongful deaths can also occur due to excessive force or negligent actions by law enforcement officials.

Elder Abuse: In cases where the elderly are not taken care of adequately in nursing homes, leading to their premature death, a wrongful death claim can be pursued.

Whether your case involves a car accident, a medical error, or an unfortunate incident at work, each scenario requires a unique legal approach tailored to the circumstances. The Bronx wrongful death lawyers at The Orlow Firm are adept at maneuvering through these different situations, ensuring that your case receives the individual attention it deserves. Call (646) 647-3398 for a free case evaluation to discuss the specifics of your case and understand how we can help you seek justice for your loved one.

Relevant Laws for Wrongful Death Cases in New York

Navigating the complex landscape of laws relevant to wrongful death cases is a critical part of securing justice for your lost loved one. While the legal system can be overwhelming, Bronx wrongful death lawyers like those at The Orlow Firm are here to guide you through the statutes and case law that may apply to your case.

New York Estates, Powers, and Trusts Law (EPTL): This is the primary law governing wrongful death claims in New York. Under EPTL, a representative of the decedent’s estate can file a wrongful death claim to recover damages on behalf of the deceased person’s beneficiaries.

New York Civil Practice Laws & Rules (CPLR): In addition to EPTL, the CPLR sets the procedures for filing civil lawsuits in New York, including wrongful death claims. It outlines how to initiate a case, what evidence is admissible, and other procedural aspects.

Comparative Negligence Law: New York operates under a comparative negligence system, meaning that the deceased person’s own negligence is considered when calculating damages. If your loved one was partially at fault for their death, it may reduce the amount of compensation you can receive, but it doesn’t eliminate your ability to file a claim.

Vicarious Liability Laws: These laws apply when someone is held legally responsible for the actions of another person. For instance, an employer may be held vicariously liable for the wrongful actions of an employee that lead to death.

Dram Shop and Social Host Liability Laws: In New York, establishments that serve alcohol to visibly intoxicated patrons can be held liable for resulting injuries or death. Social hosts can also be responsible under certain conditions.

Occupational Safety and Health Act (OSHA): While federal, OSHA standards are crucial in wrongful death cases arising from workplace accidents. Employers who violate these regulations may be held liable.

New York No-Fault Insurance Laws: These laws can affect wrongful death cases stemming from auto accidents. While No-Fault laws generally prevent lawsuits for personal injuries, an exception is made for severe injuries or death.

Medical Malpractice Laws: In cases involving medical negligence, specific statutes govern the standards of care that medical professionals must adhere to, how expert witnesses are to be used, and other issues unique to medical malpractice.

Understanding these laws and how they intersect is vital for building a strong wrongful death claim. Bronx wrongful death lawyers at The Orlow Firm have the expertise to guide you through this intricate legal framework, ensuring that all relevant laws are applied to maximize the potential compensation for your case. If you have any questions about how these laws may affect your wrongful death claim, call (646) 647-3398 for a free case evaluation. We are here to provide the support and guidance you need.

Statute of Limitations for New York Wrongful Death Cases

Additional Resources for Bronx Wrongful Death Cases

When dealing with the loss of a loved one due to wrongful death, information is essential. Below are some resources that can provide further insight into wrongful death cases, from how they work to what types of compensation may be available. If you have questions or need immediate legal assistance, call (646) 647-3398 for a free case evaluation.

• New York State Court System: For a general understanding of how the New York courts operate, this is an excellent resource. Visit their website here.
• New York Estates, Powers and Trusts Law (EPTL): To gain a deeper understanding of the laws governing wrongful death in New York, the actual statutes are indispensable. Read them here.
• National Highway Traffic Safety Administration (NHTSA): If your wrongful death case involves a motor vehicle accident, the NHTSA provides a wealth of information on vehicle safety, driver behavior, and accident statistics. Visit the NHTSA website here.
• Occupational Safety and Health Administration (OSHA): In cases of workplace accidents resulting in wrongful death, OSHA has comprehensive guides and statistics related to occupational safety. You can visit their website here.
• Centers for Disease Control and Prevention (CDC): The CDC provides helpful information on a wide variety of health and safety topics, including those that may relate to wrongful death cases. Find out more here.
• New York State Insurance Department: Understanding how insurance works in New York can be beneficial for wrongful death cases, particularly those involving auto or health insurance. Visit their website here.
• American Medical Association (AMA): For wrongful death cases involving medical malpractice, the AMA provides information about standards of care and other relevant medical issues. Visit their website here.

While these resources can provide useful information, they are not a substitute for professional legal advice. The Bronx wrongful death lawyers at The Orlow Firm can offer specialized guidance tailored to your case. Call (646) 647-3398 for a free case evaluation and to discuss how we can help you navigate this challenging time.

Why Choose The Orlow Firm?