Did you lose a loved one in a fatal accident in Woodbury, MN?
At Bennerotte & Associates, P.A., we represent grieving families on a contingency basis, which means there are no attorney fees unless we recover compensation for you.
If someone you love was killed in a crash, a fall, or another preventable incident, you are probably dealing with funeral costs, lost income, and questions nobody around you can answer. The insurance company may already be calling. And you still have to get through each day.
Bennerotte & Associates, P.A. has represented Minnesota families since 2007. We bring 161 years of combined experience to fatal accident claims. We handle the legal work so you can focus on your family. Our Woodbury, MN wrongful death lawyer can review what happened and explain your options at no cost.
Wrongful Death Lawyer Woodbury, MN
A wrongful death lawyer represents the surviving family when a death was caused by another party’s negligence or wrongful act. In Minnesota, that means proving the case the deceased could have brought had they survived, then establishing what the family lost. Our Woodbury wrongful death attorneys investigate the incident, identify every liable party, and pursue compensation through settlement or trial.
Washington County recorded 15 fatal crashes, 18 deaths, and 879 injuries in 2023, according to state crash data. Statewide, at least 479 people died on Minnesota roads in 2024, a 12 percent increase over the prior year, per the Department of Public Safety. Crashes are only part of it. Falls, medical errors, and defective products also take lives in Woodbury, MN every year, and the families left behind have legal rights.
Types of Wrongful Death Cases We Handle in Woodbury
Fatal incidents come in many forms, and each one calls for a different investigation. Our firm has handled death claims arising from highway collisions, property hazards, hospital errors, and consumer products. These are the matters a Woodbury wrongful death lawyer at our firm sees most often.
- Fatal car accidents. Rear-end collisions, failure-to-yield crashes, and high-speed impacts on I-94 and I-494 claim lives in Woodbury every year. We obtain crash reports, vehicle data downloads, and witness statements before that evidence disappears. Minnesota’s no-fault system adds a layer of complexity that we address from the start.
- Fatal truck accidents. A loaded semi can weigh 80,000 pounds. When one strikes a passenger vehicle, the people in the smaller car rarely walk away. We secure driver logs, maintenance records, and camera footage, and we pursue the trucking company along with the driver.
- Pedestrian deaths. Crossings along Radio Drive, Valley Creek Road, and Woodbury Drive carry heavy traffic. Distracted and speeding drivers strike people on foot with devastating force. We reconstruct the collision and establish who had the right of way.
- Drunk driving fatalities. Impaired driving remains one of the leading causes of fatal crashes in Minnesota. Beyond the driver, a bar or restaurant that overserved that person may share liability for the death. We investigate both avenues.
- Motorcycle fatalities. Riders have no vehicle frame around them, and a driver who fails to check a blind spot can end a life in seconds. Insurers often lean on bias against motorcyclists to reduce what they pay. We counter that with physical evidence.
- Wrongful death. Ice-covered walkways, broken stairs, and unsecured railings cause deadly falls, particularly among older adults. Property owners in Woodbury, MN owe visitors a duty to fix or warn about known hazards. We establish what the owner knew and when they knew it.
- Medical negligence deaths. Surgical mistakes, missed diagnoses, and medication errors kill patients who should have recovered. These claims require a close review of the medical records and qualified medical opinions. Our attorneys have resolved multiple malpractice claims, including a $2,100,000 recovery.
- Defective product deaths. Faulty vehicle components, dangerous medical devices, and contaminated drugs can cause fatal harm. Our Woodbury, MN wrongful death attorneys hold manufacturers and distributors accountable through product liability claims.
Why Choose Bennerotte & Associates, P.A. as my Wrongful Death Lawyer in Woodbury, MN?
Decades on the Plaintiff’s Side
Thomas R. Bennerotte founded our firm and has worked on the injured person’s side of personal injury law since 1991. He earned his J.D. cum laude from William Mitchell College of Law, now Mitchell Hamline, and has been licensed in Minnesota since 2000. His work has been recognized by Super Lawyers in multiple years and by The National Trial Lawyers Top 100 since 2016. He’s also an active member of Mothers Against Drunk Driving, an organization that supports families who have lost loved ones to impaired drivers. Our personal injury lawyer in Woodbury, MN has the background needed to support families after a fatal accident claim.
Results for Minnesota Families
Our firm has recovered millions of dollars for injured clients and grieving families. Representative results include:
- We recovered $400,000 in a wrongful death claim.
- A truck accident case resolved for $9,300,000.
- We secured $3,100,000 in a premises liability matter.
- A medical malpractice claim settled for $2,100,000.
- We obtained $1,700,000 for a client injured in a car accident.
Every wrongful death case we accept is handled on contingency. You pay nothing up front, and we collect a fee only if we recover compensation for your family.
What Is Important to Understand About a Wrongful Death Case?
Damages, Liability, and Compensation for Wrongful Death Cases
Minnesota’s wrongful death statute allows a claim whenever a death results from a wrongful act or omission, provided the deceased could have sued had they lived. Liability usually rests on negligence: a duty of care, a breach of that duty, and a death caused by that breach.
Compensation is measured by the pecuniary loss to the surviving spouse and next of kin. The statute was amended in 2023 so that the recovery also covers damages the deceased suffered between the injury and the death. Recoverable losses commonly include:
- Medical expenses from the final injury or illness are recoverable.
- Funeral and burial costs are paid first out of any recovery.
- The family can claim income and benefits the deceased would have provided.
- The law recognizes the value of a lost parent’s or spouse’s advice, guidance, and household support.
- Conscious pain and suffering before death may be included.
- Punitive damages are available in limited cases involving deliberate disregard for safety.
Fault matters. Under Minnesota’s comparative fault law, a family’s recovery is reduced by any percentage of fault assigned to the deceased, and the claim is barred entirely if the deceased was more at fault than the defendant. Insurers raise this defense often. Shared fault arguments need to be answered with evidence, not assumptions.
What Are Important Aspects of a Wrongful Death Case?
A few features set these claims apart from ordinary injury cases. A court-appointed trustee, usually the spouse or a close relative, brings the action on behalf of all beneficiaries, and the court divides any recovery among them. A separate survival action may also be available for losses the deceased experienced before death.
- Most claims must be filed within three years of the death and no more than six years after the act that caused it. Deaths caused by medical negligence follow a separate, shorter deadline.
- Police reports, autopsy findings, employment records, and proof of negligence must be gathered quickly.
- A prosecution of the at-fault party runs separately from the civil claim, and the criminal case outcome does not decide the family’s right to compensation.
- Available policy limits, including underinsured motorist coverage, shape what can realistically be recovered.
What Is the Wrongful Death Case Timeline?
Most claims handled by a Woodbury, MN wrongful death lawyer at our firm resolve within one to three years. Matters involving multiple defendants or disputed liability can take longer. The usual sequence looks like this:
- We meet with you for a free case review, often within days of your call.
- Our attorneys investigate, preserve evidence, and petition the court to appoint a trustee.
- We send a demand to the insurance carrier and negotiate toward a settlement.
- If the insurer refuses a fair offer, we file a lawsuit and move through discovery and depositions.
- The case goes to mediation, and then to trial if it does not settle.
What Should You Bring to Your Wrongful Death Consultation?
You don’t need to have everything organized. Bring what you have of the following, and we’ll obtain the rest.
- The police or incident report helps us understand what happened.
- The death certificate and any hospital records establish the cause of death.
- Insurance information for your family member and the other party tells us what coverage exists.
- Letters or emails from insurance adjusters show us what has already been said.
- Pay stubs or tax returns document your loved one’s income.
The first meeting with a Woodbury wrongful death lawyer at our firm typically lasts about an hour. We listen to what happened, answer your questions, and tell you whether we believe a claim exists. Reviewing what to expect beforehand can make that conversation easier.
Reach Out to Bennerotte & Associates, P.A. to Schedule a Consultation
Losing a family member to someone else’s carelessness is a burden no one should carry alone. Our wrongful death attorneys in Woodbury, MN offer a free, confidential consultation and handle every case on contingency, so there are no fees unless we recover compensation for you. We can meet at our Woodbury office or whichever location is easiest for your family. Contact us today to get started.
