Bronx Wrongful Death Lawyer

Helping families pursue justice after the loss of a loved one since 1937.

If someone in your family died because of another person’s negligence, recklessness, or wrongful conduct, you have the right to hold the responsible party accountable. Wrongful death cases are among the most difficult matters a family can face, both emotionally and legally. A Bronx, NY wrongful death lawyer at Edelsteins, Faegenburg, & Blyakher LLP has been standing beside grieving families for over 85 years, fighting to recover compensation that reflects the true value of the life that was lost. We offer free consultations and handle every wrongful death case on a contingency fee basis.

Wrongful Death Lawyer Bronx, NY

Under New York law, only the personal representative of the deceased person’s estate can bring the claim. That is typically the executor named in the will or an administrator appointed by the Surrogate’s Court. The lawsuit is filed on behalf of the decedent’s distributees, which usually means the surviving spouse, children, or parents.

This procedural requirement catches many families off guard, especially during the grief that follows a sudden loss. A wrongful death attorney in the Bronx can help you get the estate administration process started and file the claim within the deadline set by New York law. Wrongful death cases carry a two-year statute of limitations from the date of death, which is shorter than the three-year window for most personal injury claims. And if the death involved a government entity, the notice-of-claim deadline is just 90 days.

Types of Wrongful Death Cases We Handle in the Bronx

A wrongful death claim can arise from any situation where someone’s negligence or wrongful act caused another person to die. Our firm handles wrongful death cases across a wide range of circumstances, including:

Car accidents. Speeding, distracted driving, running red lights, and reckless driving on Bronx streets and highways cause fatalities every year. When a driver’s negligence kills someone, the victim’s family can pursue compensation through a wrongful death lawsuit.
Truck accidents. The size and weight of commercial trucks mean that collisions with passenger vehicles are far more likely to be fatal. These cases often involve multiple liable parties, including the driver, the trucking company, and the vehicle maintenance provider.
Motorcycle accidents. Motorcyclists killed by negligent drivers leave behind families who deserve full compensation. Because motorcycles offer no structural protection, even moderate-speed collisions can be deadly.
Construction site fatalities. Falls from heights, electrocutions, struck-by incidents, and trench collapses kill construction workers in New York every year. These cases may involve claims against general contractors, property owners, and subcontractors in addition to workers’ compensation.
Medical malpractice deaths. When a doctor, surgeon, hospital, or other medical provider’s negligence causes a patient’s death, the family may have a wrongful death claim. Surgical errors, misdiagnoses, medication mistakes, and delayed treatment are all potential grounds.
Pedestrian fatalities. The Bronx has some of the highest pedestrian fatality rates in New York City. Drivers who fail to yield, run lights, or drive while impaired kill pedestrians in crosswalks, on sidewalks, and at intersections throughout the borough.
Premises liability deaths. Fatal slip and fall accidents, structural collapses, fires caused by negligent building maintenance, and other dangerous property conditions can all give rise to wrongful death claims against the property owner.

Why Choose Edelsteins, Faegenburg, & Blyakher LLP for Wrongful Death Cases in Bronx, NY?

Over $131 Million Recovered for Clients and Their Families

Our firm has secured over $131 million in verdicts and settlements for injured clients and their families. Our results include a $7,208,000 recovery for the family of a worker killed by a company truck, a $9 million recovery for a pedestrian struck by a drunk driver, and a $36 million settlement for a catastrophically injured construction worker. While no amount of money replaces the person you lost, these results reflect the seriousness with which we approach every case and the preparation we put into building the strongest possible claim.

If you need a personal injury lawyer in the Bronx, our firm handles wrongful death alongside the full range of serious-injury matters with the same level of commitment.

85 Years of Plaintiff-Side Advocacy

The attorneys at Edelsteins, Faegenburg, & Blyakher LLP have represented injured New Yorkers and their families since 1937. Three generations of the Edelstein family have practiced law at this firm, and the founding principle has never changed: prepare every case as if it is going to trial. The firm has been recognized by both Best Lawyers and Super Lawyers, and our attorneys are members of the American Bar Association and the New York State Trial Lawyers Association. We handle wrongful death cases on a contingency fee basis. You pay nothing unless we win.

What Is Important to Understand About a Wrongful Death Case?

Damages, Liability, and Compensation for Wrongful Death Cases

New York’s wrongful death statute allows the personal representative of the estate to recover damages on behalf of the decedent’s distributees. The types of compensation available in a wrongful death case differ from what is recoverable in a standard personal injury claim. Recoverable damages generally include:

The decedent’s lost earnings, meaning the income and financial support the deceased person would have provided to their family over the course of their expected lifetime
Loss of parental guidance and nurturing for surviving children, which accounts for the care, moral training, and intellectual guidance the parent would have provided
Funeral and burial expenses incurred by the family
Medical expenses for treatment the decedent received between the injury and death
Loss of inheritance, representing the savings and assets the decedent would have accumulated over time

One thing that surprises many families is that New York’s current wrongful death statute does not allow recovery for grief, emotional suffering, or loss of companionship.

What Are Important Aspects of a Wrongful Death Case?

Before a wrongful death lawsuit can even be filed in New York, somebody has to open the estate. That means petitioning the Surrogate’s Court to appoint a personal representative, whether that is the executor named in the will or an administrator the court selects. Families who are grieving often do not realize this step is required, and it can cause delays if it is not handled early.

Once the estate is open, the substance of the case depends on a few things:

Causation is the foundation. You have to prove that the defendant’s conduct directly caused the death. In a car crash case, that might be relatively straightforward. In a medical malpractice death, you will likely need testimony from a physician in the same field to explain what went wrong and why it was negligent
Economic projections drive a large part of the damages calculation. Because New York limits wrongful death recovery to pecuniary losses, an economist is often retained to project the decedent’s future earnings, including anticipated raises, benefits, and the financial support the family would have received over the person’s remaining working life
Multiple defendants are common. A fatal truck crash could involve the driver, the trucking company, a maintenance provider, and a cargo loader. Each one may bear a share of responsibility, and identifying all of them early strengthens the case
Evidence disappears fast. Surveillance footage gets recorded over. Accident scene conditions change within hours. Medical records need to be formally requested. The sooner your attorney sends preservation demands and begins collecting documentation, the stronger the case will be

What Is the Wrongful Death Case Timeline?

Wrongful death cases tend to take longer than other personal injury claims, partly because of the estate administration requirement and partly because the stakes are high enough that both sides prepare extensively. Here is how the process generally unfolds:

Estate administration (weeks to months): This has to happen first. The Surrogate’s Court appoints the personal representative, which can move quickly if the family agrees on who should serve, or slowly if there are disputes
Investigation (weeks to months): Your attorneys look into how the death occurred, collect records, interview witnesses, and bring in specialists like accident reconstructionists or medical reviewers when the facts are complicated
Filing the lawsuit: New York gives you two years from the date of death. That sounds like a reasonable window, but between opening the estate and gathering evidence, it goes faster than most families expect. Claims against government entities require a notice of claim within 90 days, which is an even tighter deadline
Discovery and negotiation (months to over a year): Both sides exchange documents, take sworn depositions, and discuss settlement. A significant number of wrongful death cases resolve during this phase, but only if the defendant’s insurer is willing to offer something fair
Trial: If they are not, the case goes before a jury. Scheduling in the Bronx depends on the court’s calendar and can add a year or more

What Should You Bring to Your Wrongful Death Consultation?

We understand that organizing paperwork is probably the last thing on your mind right now. Bring whatever you have. We can track down the rest.

The death certificate
Police reports, accident reports, or any incident documentation related to what happened
Medical records from treatment the decedent received before passing
Financial records that show the decedent’s income, job history, and how they supported the family
Basic information about the surviving family members, including spouse, children, and parents

We will sit down with you, go through everything, and explain what New York’s wrongful death law means for your family’s specific situation. If we believe the case has merit, we will tell you. If we have concerns, we will tell you that too.

What Are Important New York Legal Resources for Wrongful Death Cases?

Wrongful death claims in New York are governed by a distinct set of statutes. These are the most relevant ones:

EPTL Section 5-4.1 is the wrongful death statute itself. It spells out who can bring the lawsuit, what damages are recoverable, and sets the filing deadline at two years from the date of death. This is the single most important statute in any New York wrongful death case
CPLR Section 1411 applies the state’s pure comparative negligence rule to wrongful death claims. If the person who died was partially at fault, the family’s recovery is reduced by that percentage, but they are not shut out entirely
The NYS Department of Health maintains injury and fatality statistics for New York residents, broken down by cause and county
The NYS Unified Court System publishes a statute of limitations chart covering wrongful death and other civil claims, which can be a useful quick reference
The CDC injury data portal provides national fatal injury statistics searchable by cause, age, geography, and other factors

Reach Out to Edelsteins, Faegenburg, & Blyakher LLP to Schedule a Consultation

Losing someone you love to another person’s negligence is devastating. If your family is dealing with that right now, our firm will review the facts and help you understand your legal options at no cost. We handle wrongful death cases on a contingency fee basis, meaning you owe nothing unless we recover compensation for your family. Contact us to schedule a free, confidential consultation with a Bronx wrongful death attorney.