Filing a Wrongful Death Claim

Losing someone close to you is difficult, but when your loved one passes away in a preventable accident, the feelings of grief and anger often lead you to wonder if you can get justice. A wrongful death lawsuit is a legal option for surviving family members, allowing them to seek compensation for their losses. We understand that taking legal action is one of the last things on your mind as you’re grieving. Our St. Paul, MN wrongful death lawyer can handle the legal matters involved in filing a wrongful death claim so you and your family can grieve in peace.

At Bennerotte & Associates, P.A., we believe in the importance of holding negligent parties responsible for causing the death of another person. We can help you explore your options for a wrongful death claim and explain your rights. Although no amount of money can bring your loved one back, the settlement you receive can ease some of your financial burdens and give you the means to fulfill the dreams you and your family member had. Call us today to schedule your free consultation.

We operate on a contingency basis, which means we will handle your claim without any upfront fees. Unless we win your case, you won’t owe us a dime.

The Role of a Wrongful Death Lawyer

Wrongful death cases arise when someone else’s carelessness or negligence results in the death of another person. A wrongful death can occur in many situations, from a car accident to medical malpractice, a workplace injury, or a fire. The common denominator is that the victim would be alive had another party fulfilled their duty of care to keep them safe.

Our wrongful death attorney investigates claims of wrongful death, gathering evidence that indicates negligence on the part of another person or entity. We may use a business’s safety records, your loved one’s medical records, photos and videos, or witness accounts of the event. Then, we demand that the at-fault party compensate your family for your loss.

Damages Available In A Wrongful Death Case

Wrongful death cases are civil claims, not criminal, so while the party responsible for your loved one’s death may also face criminal charges, that occurs in a different court. Wrongful death attorneys estimate the financial impact of your loved one’s death on your family and demand that the defendant cover those losses.

You may be able to claim compensation for medical bills your loved one incurred before they passed, funeral and burial expenses, and loss of income or contributions to the family. You’re also entitled to demand compensation for your pain and suffering and emotional trauma, plus loss of companionship and consortium. We understand that putting a monetary value on your loss may make you uncomfortable, so we handle your case with utmost care and compassion.

How We Can Help

1. Determining Liability. Whether it’s a negligent driver, a doctor, an employer, or a product manufacturer, the lawyer will gather evidence to build a solid case. This includes collecting police reports, medical records, witness statements, and expert testimony.
2. Filing The Claim. Wrongful death lawsuits involve strict legal deadlines, known as the statute of limitations. In Minnesota, survivors generally have three years from the date of their loved one’s death to pursue legal action, but there are exceptions depending on the circumstances of your case. We’ll make sure that your case is filed on time and complies with all legal requirements. Our firm will handle all the paperwork and communication with the court, allowing families to focus on healing.
3. Calculating Damages. Our St. Paul law firm can help families determine the full extent of damages they are entitled to. This includes compensation for medical bills, funeral expenses, loss of income, loss of companionship, and emotional suffering. In some cases, punitive damages may be awarded if the defendant’s conduct was particularly egregious.

Losing a loved one due to someone else’s negligence or wrongdoing is a devastating experience. Our team at Bennerotte & Associates, P.A. plays a critical role in helping families seek justice and financial compensation during such challenging times. By understanding the common causes of wrongful death and the legal process, families can take the first steps toward healing and holding the responsible parties accountable.

How Our Firm Supports Families Through Emotional And Legal Challenges

The sudden and unexpected loss of a loved one due to someone else’s negligence or wrongdoing is a tragedy no family is fully prepared for. In these difficult times, wrongful death lawyers serve not only as legal representatives but as compassionate advocates who help families navigate the overwhelming process of seeking justice. Here’s how we go the extra mile for the people we serve:

A Source Of Stability In Uncertain Times

In the wake of a wrongful death, families are often left feeling overwhelmed by both emotional grief and practical responsibilities. Our wrongful death lawyers are here to step in to offer stability, handling the legal aspects so that families can focus on healing. We take care of critical paperwork, communicate with insurance companies, gather evidence, and manage court proceedings, easing the burden of the legal process. This support is invaluable, as grieving family members may not have the time or energy to handle these complicated procedures alone.

Helping Families Understand Their Rights

For many, the legal implications of a wrongful death case are unfamiliar territory. Our personal injury team guides families through their legal rights and explain what can be expected from a claim. We provide clear, honest information about potential compensation options, such as coverage for funeral expenses, lost wages, medical bills, and the non-economic losses of companionship and emotional suffering. By clarifying these legal concepts, our lawyers empower families to make informed decisions, giving them a sense of control during an otherwise uncertain time.

Acting As A Compassionate Advocate

The most effective wrongful death lawyers recognize that they are dealing with more than just a case; they’re helping families find closure after a profound loss. Our experienced attorneys offer compassionate guidance, acknowledging the pain our clients are experiencing and creating a supportive environment where family members feel heard and understood. Our lawyer is sensitive to each client’s emotional state and approaches every conversation with empathy. Knowing they have someone genuinely invested in their well-being helps families manage their grief as they seek justice.

Investigating The Case With Diligence And Sensitivity

To build a strong case, our wrongful death lawyers will conduct a thorough investigation. Our team knows how to gather important evidence, interview witnesses, and work with experts to establish the cause and consequences of the death. While this process can bring up painful memories, our lawyers approach the investigation with sensitivity, minimizing any additional emotional strain on your family. Our objective is to obtain the necessary evidence to hold the responsible parties accountable while respecting your grieving family’s emotional boundaries.

Providing A Path Forward

While nothing can replace the loss of a loved one, the support of our St. Paul wrongful death lawyer helps families deal with their grief and the legal challenges that follow. By providing stability, compassion, and clear legal guidance, our attorneys at Bennerotte & Associates, P.A. play an invaluable role in helping families find peace, closure, and a sense of justice during one of life’s most difficult times.

Common Causes Of Wrongful Death Lawsuits And How A Lawyer Can Help

Wrongful death lawsuits arise when someone dies due to the negligent or intentional actions of another party. These tragic cases often leave families grieving, not only for the loss of their loved one but also for the emotional, financial, and legal challenges that follow. Here are some of the most common wrongful death cases our Minnesota firm handles:

• Car Accidents: Whether due to distracted driving, speeding, DUI, or reckless behavior, negligent drivers can cause fatal accidents. In these cases, surviving family members can file a wrongful death claim against the at-fault driver, seeking compensation for their loss.

• Medical Malpractice: When healthcare professionals fail to meet the standard of care, patients can suffer fatal consequences. Medical malpractice claims often involve situations like misdiagnosis, surgical errors, or failure to provide appropriate treatment. Proving negligence in these cases can be complicated, but our experienced personal injury lawyer can help deal with the process.

• Workplace Accidents: Dangerous workplaces, especially in industries like construction, manufacturing, or oil and gas, can lead to fatal accidents. In some cases, employers or third parties can be held liable if unsafe conditions, faulty equipment, or improper training lead to a worker’s death. Workers’ compensation may not cover all losses, which is why a wrongful death lawsuit might be necessary.

• Defective Products: Defective products, such as malfunctioning vehicles, unsafe appliances, or harmful pharmaceuticals, can cause fatal injuries. If a manufacturer or distributor failed to provide adequate warnings or produced an unsafe product, they could be held liable for wrongful death. These lawsuits are often filed as product liability claims in addition to wrongful death.

• Truck Accidents: Commercial trucks are significantly larger and heavier than passenger vehicles, making collisions especially dangerous. Fatal truck accidents can result from driver fatigue, improper loading, mechanical failures, or trucking company negligence. When a truck driver or carrier violates safety regulations, surviving family members may have grounds for a wrongful death claim.

• Motorcycle Accidents: Motorcyclists are especially vulnerable on the road, and negligent drivers who fail to yield, check blind spots, or maintain a safe distance can cause deadly crashes. A wrongful death claim may be pursued against the at-fault driver or other liable parties when a motorcyclist is killed due to someone else’s negligence.

• Bicycle Accidents: Cyclists often suffer fatal injuries in collisions with motor vehicles, particularly when drivers are distracted, speeding, or fail to respect bike lanes. When a bicyclist’s death is caused by driver negligence, dangerous road conditions, or defective bicycle components, a wrongful death lawsuit may be appropriate.

• Premises Liability: Property owners have a legal duty to maintain safe conditions for visitors. Fatal accidents on someone else’s property—whether public or private—can lead to premises liability claims. These often include:

• Slip And Falls: Falls caused by wet floors, uneven surfaces, poor lighting, or lack of handrails can result in fatal injuries, especially for older adults.

• Dog Attacks: Fatal dog attacks can occur when an aggressive or uncontrolled animal is not properly restrained. If the owner failed to take reasonable precautions, they could be held liable for wrongful death.

St. Paul Wrongful Death Infographic

St. Paul Wrongful Death Statistics

Wrongful death, encompassing fatalities resulting from negligence or intentional harm, remains a significant concern in the United States. The National Safety Council reported nearly 150,000 wrongful death claims in one year, a 45% increase over the prior 10 years.

These claims equate to approximately 400 families affected each day by preventable deaths. The most common causes included motor vehicle accidents (47%), medical malpractice (17%), and workplace injuries (12%).

St. Paul Wrongful Death FAQs

Losing a loved one due to someone else’s negligence is a heartbreaking experience. Our Minnesota wrongful death lawyer can help your family seek justice and compensation during this difficult time. Below are some frequently asked questions we get from our clients:

What Is A Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the surviving family members or the estate of someone who has died due to another party’s negligence, recklessness, or intentional actions. These lawsuits aim to hold the responsible party accountable and provide financial support to the surviving family.

Who Can File A Wrongful Death Lawsuit?

Eligibility varies by state, but generally, the following people can file:

• Immediate family members, such as spouses, children, or parents.
• In some cases, extended family members like siblings or grandparents.
• Representatives of the deceased person’s estate.

Consulting our wrongful death lawyers can clarify who has the legal standing to file in your jurisdiction.

What Damages Can Be Recovered In A Wrongful Death Case?

The damages awarded in wrongful death cases typically fall into two categories:

• Economic Damages: Funeral and burial expenses, lost income and benefits, medical expenses prior to death, and loss of household contributions.
• Non-Economic Damages: Emotional pain, loss of companionship, and loss of parental guidance.
  Some states also allow punitive damages to punish the at-fault party for egregious misconduct.

How Is Negligence Proven In A Wrongful Death Case?

To prove negligence, our wrongful death attorney must establish four elements:

1. Duty Of Care: The defendant owed the deceased a legal duty (e.g., safe driving or proper medical care).
2. Breach Of Duty: The defendant failed to fulfill this duty.
3. Causation: The breach directly caused the person’s death.
4. Damages: The family suffered losses due to the death.

Evidence such as police reports, medical records, and expert testimony is pivotal in proving these elements.

Can A Wrongful Death Case Settle Out Of Court?

Yes, many wrongful death cases are resolved through settlements without going to trial. Our skilled lawyer will negotiate with the opposing party to secure fair compensation. If a settlement cannot be reached, we will advocate for you in court.

What If The Deceased Was Partially At Fault?

In some states, comparative negligence laws allow families to recover damages even if the deceased was partially at fault. The compensation may be reduced proportionally based on their percentage of responsibility.

St. Paul Wrongful Death Glossary

When families lose a loved one in a preventable accident, the emotional toll is often paired with a long list of legal and financial questions. Working with our St. Paul wrongful death lawyers can provide much-needed support as families explore their legal rights. At Bennerotte & Associates, P.A., we help families pursue claims for wrongful death by offering clear guidance and reliable legal representation. Below are some key legal terms and phrases related to wrongful death cases that may be helpful as you move forward with your claim.

Loss Of Consortium

Loss of consortium refers to the loss of companionship, emotional support, care, or affection that a person would have received from a deceased loved one. In wrongful death claims, this term is used to describe the intangible losses suffered by spouses, children, or other close family members. These losses can include the absence of comfort, guidance, and shared experiences. The value of this loss is not measured in a specific dollar amount but is still a recognized harm that may be part of a legal claim.

Survivor Claim

A survivor claim is a legal action brought on behalf of the deceased individual’s estate for losses they personally experienced before death. This is separate from the wrongful death claim filed by family members. The survivor claim may include expenses related to medical care, physical pain, or emotional suffering the person endured between the time of the incident and their passing. In some cases, this claim also addresses any wages or benefits lost during that period. These damages are typically awarded to the estate and then distributed according to the deceased’s will or state law.

Causation Evidence

Causation evidence is the material presented to connect the defendant’s actions to the person’s death. In a wrongful death case, proving causation is critical. We gather and present documents such as accident reports, medical records, expert opinions, and witness statements to clearly show how the death occurred and who was responsible. Without a direct link between the defendant’s conduct and the fatal outcome, a wrongful death claim cannot move forward. Strong causation evidence is often the foundation of a successful case.

Funeral Expense Recovery

Funeral expense recovery refers to the compensation available to family members for costs directly related to the funeral and burial of their loved one. These expenses can include the cost of a memorial service, casket, burial plot, transportation, and related fees. In wrongful death claims, we include this recovery in the total compensation demand to help reduce the financial pressure families face after such a loss. These expenses are documented with receipts and invoices to support the claim.

Dependent Support Loss

Dependent support loss addresses the financial impact on those who relied on the deceased for financial support. This includes regular contributions to household income, caregiving responsibilities, or other forms of assistance provided by the deceased. Calculating this loss often involves reviewing the deceased’s employment records, earnings history, and benefits. This type of compensation helps surviving dependents maintain financial stability and support their everyday needs after the loss.

Contact Our St. Paul Wrongful Death Lawyer Today

If your family is facing the loss of a loved one due to someone else’s actions, we’re here to help. We’ve helped injury victims and their loved ones recover substantial settlements over the years, and we’re ready to do the same for you. Contact Bennerotte & Associates, P.A. today to speak with our St. Paul wrongful death lawyer and learn how we can support your family’s next steps.

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