Bronx Wrongful Death Lawyer
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Why Hire Our Bronx Wrongful Death Lawyer?
Nearly $1 Billion Won
We’ve recovered almost $1 billion for injured clients across documented cases
Largest MVA Recovery
Media Recognition
We’ve been featured in national and local outlets including the New York Post, Daily Mail, and CBS New York
No Fee Unless We Win
Wrongful deaths in the Bronx happen at construction sites across the South Bronx where safety violations go uncorrected, on the Cross Bronx Expressway and Fordham Road where speeding drivers strike pedestrians, on MTA bus routes where negligent operators fail to yield, and in hospitals where preventable errors end lives that should not have been lost. When someone dies because of another party’s negligence, New York law gives surviving family members the right to pursue full compensation, but that right has deadlines. If the responsible party is a government entity, a Notice of Claim must be filed within 90 days. Evidence from accident scenes, surveillance footage, and maintenance records disappears fast. The insurance company on the other side is not waiting.
Frekhtman & Associates was founded by Bronx Supreme trial attorney Arkady Frekhtman, who has spent 25+ years fighting wrongful death and catastrophic injury cases on the Bronx Supreme calendar. The firm has recovered $900M+ for injured clients and their families across New York City, including a $69.25 million verdict in a motor vehicle case and a $2,000,000 wrongful death recovery. When insurers and defense attorneys argue that your family’s loss was unavoidable or that damages are overstated, we come back with accident reconstruction experts, medical evidence, and a trial record they already know.
What serious injury victims in the Bronx deserve to know before they decide.
- $900M+ recovered for injured clients
- $69.25M largest single recovery in a motor vehicle case
- 25+ years trying cases on the Bronx Supreme calendar
- AVVO 9.9 Rating, National Top 100 Trial Lawyers, AIPIA Ten Best Attorneys
- No fee unless we win
Call our Bronx office at (718) 733-9300 24/7 to find out if you have a case.
New York Wrongful Death Law
Under New York Estates, Powers and Trusts Law §11-3.2, only the personal representative of the deceased’s estate can file a wrongful death claim. Before filing, a surviving family member must petition for letters of administration to be appointed as the estate’s personal representative and plaintiff in the litigation.
Distributees, meaning the relatives entitled to recover, may claim the following categories of damages:
- Loss of financial support and voluntary assistance the deceased would have provided
- Loss of assistance in the home
- Loss of parental guidance, care, nurturing, training, and education
- Loss of grandparental care and guidance
- Loss of probable inheritance
- Reasonable funeral expenses paid by distributees
- Medical costs incurred on behalf of the decedent prior to death
New York’s wrongful death statute has a two-year statute of limitations under EPTL §5-4.1, meaning the claim must be filed within two years of the date of death.
When negligence causes a sudden death, surviving families face an immediate financial crisis on top of grief. Lost income stops. Final expenses arrive. Frekhtman & Associates has represented Bronx families in wrongful death litigation for over 25 years, pursuing the full value of every recoverable category of loss.
What Constitutes a Wrongful Death?
Any death that can be traced to the actions of another as opposed to natural causes may be considered wrongful. However, it is the job of a wrongful death lawyer to prove that the death was preventable and the other party was responsible for it occurring.
Accidental Deaths
When a person dies in an accident, it is assumed that the defendant did not mean to cause the death, even if they were acting dangerously or irresponsibly such as by speeding in a car or recklessly discharging a firearm.
Because of this, a wrongful death lawsuit may, in many cases, resemble any other personal injury lawsuit alleging negligence. The plaintiff simply makes a note in the complaint that the accident resulted in a death and adjusts demands for compensation accordingly.
Intentional Deaths
A death that results from an intentional act will usually be associated with a criminal case. Allegations of homicide or manslaughter are always handled by the criminal courts.
It is important to remember that the criminal courts exist for the sole purpose of punishing illegal criminal behavior. To recover compensation for the death that resulted from another’s intentional actions, the family must pursue a separate civil wrongful death claim. This would be similar to a claim resulting from an accidental death.
Bronx Wrongful Death Lawsuit Compensation
A wrongful death suit provides an important avenue of recourse for families, providing financial relief at a time when hope is hard to find. New York wrongful death law allows families to gain a few different types of compensation, including:
- Compensation for economic damages – This may include reimbursement for the medical costs of a final illness or injury, expenses from the funeral and burial, and loss of earning capacity or income. These damages are intended to lift the financial burden of the deceased person placed upon the surviving children, surviving spouse, and other family members.
- Compensation for intangible losses – This category of losses includes intangible damages like loss of partnership, loss in consortium or services, and loss of parental guidance.
- Conscious pain and suffering before death
- Fear of impending death in the moments before the fatal accident; must be a knowing or understanding that death is imminent as per the precedents in New York State
- Emotional distress for immediate family members who were in the “zone of danger” and witnessed the fatal accident took place
In certain instances, victims of negligence may be able to pursue punitive damages. Punitive damages are not meant to compensate the family of the deceased person but to punish the defendants for wrongful conduct. The courts reserve these for instances of gross negligence. These awards act as civil punishment to the person responsible for the wrongful death. It is important to contact an experienced Bronx wrongful death attorney for a free case evaluation to help explain all your legal options, legal rights, on the road to full compensation against the responsible party.
Who Can File a Bronx Wrongful Death Case?
Under EPTL §5-4.1, only the personal representative of the deceased’s estate can file a wrongful death claim in New York. This is a harder requirement than most states impose, and it catches many families off guard.
Who qualifies as personal representative:
- The executor named in the deceased’s will
- A family member appointed by Surrogate’s Court if no will exists or no executor is named
- The appointed representative files on behalf of all eligible distributees including the surviving spouse, children, and financial dependents
Bronx Wrongful Death Legal Fees
There is no upfront payment of legal fees. All legal fees are paid only after the recovery of money for the surviving family members. The amount is on a contingency fee basis set by the NY courts which are usually 33.3% for negligence and a sliding scale for medical malpractice. Simply put, you don’t pay a fee if we don’t win your case.
What to Do If You’ve Suffered a Wrongful Death in New York
When someone dies because of another party’s negligence, the legal clock starts immediately. Insurance companies begin building their defense while your family is still grieving. The steps taken in the days and weeks that follow can determine whether your family recovers what it’s owed or settles for far less.
- Preserve evidence. Accident reports, medical records, witness contact information, and any documentation related to the incident should be gathered and secured as early as possible. Evidence disappears quickly.
- Do not speak to insurance companies. Adjusters representing the at-fault party will contact surviving family members early. Do not give recorded statements or accept any offers before speaking with an attorney.
- Establish the estate. Under New York law, only the personal representative of the deceased’s estate can file a wrongful death claim. A surviving family member must petition for letters of administration before litigation can begin.
- Act within the statute of limitations. New York’s wrongful death statute gives families two years from the date of death to file under EPTL §5-4.1. Missing this deadline eliminates the right to pursue compensation entirely.
- Contact a Bronx wrongful death attorney. The sooner legal counsel is involved, the stronger the investigation. Frekhtman & Associates will identify every liable party, retain the right experts, and build the case while you focus on your family.
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Contact an Experienced Bronx Wrongful Death Attorney Near You
Visit our Bronx Office
Frekhtman & Associates
20 E 205th Street
Bronx, NY 10468
The Right Representation Near You
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. We have our office located all over New York City, so you don’t have to worry about office visits. You can find and visit one of our offices near you.