It is devastating to lose someone you love, especially if you discover that their death was preventable. If you lost a close family member because of another person’s negligence, our wrongful death lawyers in the Bronx can help you seek justice and accountability.
Aviles Law Firm PLLC’s personal injury lawyers have been helping wrongfully injured victims and their families recover compensation for more than 30 years. Our firm is committed to pursuing the compensation you and your family deserve after the untimely loss of a loved one. Contact our office today for a free consultation with a member of our team.
Compassionate Legal Assistance on a Contingency-Fee Basis
New York laws governing wrongful death can be frustrating and confusing. When you are trying to cope with the unexpected loss of someone close to you, a legal claim may seem like too much. You don’t have to face these challenges alone.
Our Bronx attorneys understand that you are facing unique and deeply personal difficulties. We are here to guide you through the process and handle the legal footwork so you and your family can take the time you need to grieve and rebuild your life.
You can trust us to advocate for your needs with no upfront fees or retainers. We handle your case in full and only recover attorney’s fees from a final settlement or verdict in your favor.
Why Partner With Our Wrongful Death Attorneys?
Aviles Law Firm PLLC has more than 100 years of combined experience building winning cases for clients in the Bronx and throughout New York.
Our dedication to our clients is reflected in our case results. We have recovered more than $1 billion in settlements and verdicts for our clients. Our results include multi-million-dollar outcomes that we won because we refused to accept less than our clients deserved. This commitment is how we have won accolades from national organizations like the American Institute of Trial Lawyers, which named us Best Law Firm in 2024 and 2025.
We have the conviction, skill, and resources to fight for the compensation you and your family need.
What Is Considered Wrongful Death and Who Is Responsible?
A wrongful death claim arises when someone passes away due to another person’s careless, reckless, or negligent actions. Through a wrongful death lawsuit, the victim’s close family members can hold the responsible party accountable for the actions that led to the decedent’s passing. We handle wrongful death claims involving:
- Car collisions
- Truck accidents
- Bicycle accidents
- Pedestrian collisions
- Motorcycle crashes
- Medical malpractice
- Slip and fall injuries
- Construction accidents
- Workplace accidents
- Product defects
- Defective drugs
While many situations can lead to someone’s untimely passing, a wrongful death claim can only be brought if the deceased person was injured because of negligence. Specifically, you must be able to prove that the victim would have had grounds to file a personal injury claim if they had survived.
For example, if someone causes a fatal car accident by running a red light, they may be liable for wrongful death damages. Similarly, if a doctor fails to properly diagnose or treat a patient, they can be held accountable if the patient passes away as a result.
Proving Negligence for a Wrongful Death Claim
Our personal injury attorneys are well-versed in the many ways that tragedy can strike. When we accept a wrongful death case, we conduct a complete investigation of the victim’s passing to determine the fundamental cause.
Using witness statements, medical records, photos and videos, NYPD reports, and other evidence, we build a compelling case to show how the at-fault party’s behavior led to the victim’s untimely death.
Additionally, we can compile financial documents and expert testimony to determine the financial losses suffered by the victim’s family. We fight for the maximum settlement value and can even take your case to trial if it means a better result.
Who Can File a Wrongful Death Claim in New York?
Per EPT § 5-4.1, a wrongful death claim in the state of New York must be brought by the deceased’s personal representative. This representative may be the executor named in the victim’s will or a party appointed by the court.
If the victim’s eligible family members are not included in the estate proceedings or named in the will, the court may appoint someone to represent their interests in a wrongful death suit. Aviles Law Firm PLLC can explain your legal rights and determine whether you have grounds to file a claim.
Who Gets Compensation Through a Wrongful Death Claim?
EPT § 5-4.4 generally limits recovery for a wrongful death claim to the following parties:
- Heirs and beneficiaries named in the decedent’s will
- The victim’s surviving spouse
- The decedent’s surviving children
- The deceased’s parents in some cases
Upon approval of a wrongful death settlement or award by the court, the funds are placed in an escrow account, per EPT § 5-4.6. The personal representative will distribute payments in accordance with state law, court orders, and the terms of the settlement agreement.
Our team knows how to navigate the process and seek fair value for your losses.
What Types of Damages Can I Recover Through a Wrongful Death Claim?
Under EPT § 5-4.3, a wrongful death claim can recover compensation for financial damages, also called pecuniary injuries. These damages may include:
- Medical attention for the injuries that caused the victim’s death
- Reasonable funeral expenses
- Lost income and services
Limited non-economic damages, including the deceased’s conscious pain and suffering, may also be available. The court may award punitive damages in rare cases when the responsible party’s actions were particularly egregious.
Our wrongful death lawyers always fight for the maximum possible settlement. We want you to have the resources you need to cover the unexpected costs associated with your loved one’s passing. Rest assured, we will not back down from a fight, no matter how complicated your case is.
How Long Do I Have to File a Lawsuit in the Bronx?
Depending on the circumstances of your loved one’s passing, you may have up to two years to file a wrongful death lawsuit. Under New York law, you could lose the chance to recover compensation if you file after the statute of limitations expires. The time to file is often shorter for different types of cases, so don’t delay.
If your loved one’s passing involved a government entity, such as an injury on public property, you have only 90 days to notify the appropriate agency that you intend to file a claim. Some governmental entities are immune to lawsuits, and there are often strict limitations on legal proceedings.
Aviles Law Firm PLLC can tell you which deadline applies to your case and take prompt, appropriate action—but only if you contact us in time.
Contact Us Today to Start the Legal Process
Aviles Law Firm PLLC handles complex cases and has a 99.99% success rate. We prepare your case for a lawsuit from the beginning, so we can take quick legal action on your behalf.
Contact our office to discuss your claim during a free consultation. A member of our team can review your case details and explain how the legal process works. If you decide to hire us, we are ready to begin building a case strategy and gathering evidence immediately.
