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Wrongful Death Attorney in Smithton

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About Carlson Bier Associates

Your legal search for Wrongful Death matters should end at Carlson Bier. This elite team of attorneys bring a unique blend of compassion, tenacity, and deep understanding to the field of personal injury law. While many are daunted by Wrongful Death cases due to their complexity, Carlson Bier embraces these challenges with unwavering focus and sensitivity. Their solid reputation among Smithton residents emanates from the consistent positive outcomes they’ve achieved over years of tireless efforts in securing rightful justice for lost loved ones. With wrongful death being an arena not all lawyers can navigate skillfully, choosing Carlson Bier ensures your case gets unparalleled attention and expertise it deserves; thereby maximizing opportunities for compensation. In terms of competence, professionalism or confidentiality – no task is beyond this stellar law group’s reach when representing bereaved families during such trying times as wrongful death incidents bring forth; making them an unmatched solution provider within Illinois’legal landscape. Trust Carlson Bier – the name synonymous with relentless pursuit of truth serving justice unabashedly!

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About Carlson Bier

Wrongful Death Lawyers in Smithton Illinois

If you or a loved one has suffered the unthinkable loss resulting from wrongful death, Carlson Bier attorneys are here to help. Based in Illinois, we specialize in personal injury cases and can provide paramount legal assistance for survivors who seek justice.

Wrongful death is any preventable fatality caused by another party’s negligence or misconduct. It may stem from a range of unfortunate scenarios such as car accidents, workplace incidents, medical malpractice, product defects, and more. The specifics of each case can be complex; however it is essentially about proving fault and arguing that certain actions (or lack thereof) directly resulted in a tragic end.

• Proof of Negligence: This implies that the party at fault did not exercise caution or reasonable care under particular circumstances.

• Breach of Duty: Demonstrating that the offender had specific responsibilities towards the deceased which were ultimately neglected or violated.

• Causation: Evidencing that these omissions or reckless actions directly caused the fatal outcome.

Hope and reparations linger within these painful circumstances through wrongful death claims – an aspect where Carlson Bier shines brightly among its peers. We can guide you cordially yet strategically through this process. Claims are generally filed by immediate family members but laws in Illinois permit other kin such as grandparents and even non-family members financially dependent on the deceased to file lawsuits as well.

The damages sought after often extend beyond financial compensation covering hospital bills or funeral expenses. They encompass bereavement, suffering endured due to loss of companionship/affection/guidance (more so if children are involved), loss of future income contribution for dependants remaining behind besides psychological harm accompanying grief related coping difficulties.

Navigating relevant regulations to establish guilt convincingly towards securing deserved restitution forms our working terrain at Carlson Bier — your rights become ours too while treading this path together illuminated by resilience!

With expertise brought forth via years practicing intensely within this field illuminating paths forward progressively regardless of complexities, we advise you to mobilize your suit against the wrongdoer posthaste – Illinois Statute of Limitations allows a two-year duration for filing such claims. So despite time stretching out in agonizing slow motion during mourning yet legally it matters critically.

Here are some important things to consider:

• Stay Organized: All documentation related to the case including medical reports and income loss projections should be gathered meticulously – Carlson Bier can assist regarding how.

• Foster Patience: Legal proceedings of such nature do not resolve overnight; mental preparedness about this aspect helps better manage expectations.

• Invest Trust Wisely: Selecting an experienced attorney proficient in wrongful death cases is fundamental towards ensuring optimal results.

Ever responsive and insightful as trusted local personal injury professionals, careful strategy planning underscores our actions at Carlson Bier right from onslaught till culmination based on comprehensive understanding nurtured about intricacies dictating varied wrongful death circumstances shaping resilient defenses and effectively argue your case.

We believe that each case involves more than laws—it encompasses humans hit by unjustified loss undergoing phases of despair potentially crippling life’s pursuit equilibrium. Our empathetic approach entwining with definite proficiency enables us offer holistic legal representation no matter how challenging any situation turning up seems initially always working relentlessly aiming best possible outcomes thereby reiterating ourselves rightly among leading personal injury lawyers statewide.

Though nothing truly fills voids left behind by loved ones departed untimely, yet rightful compensation obtained might reduce somewhat inevitable hardships ensuing balancing scales tipped thus far unfairly ushering justice palpable. Indicative of unrivaled commitment at Carlson Bier even beyond courtroom boundaries forming bonds emanating mutual respect echoed through every interaction believing resolutely YOU matter!

Take control today – click the button below driving towards assessing what potential claim worth specific to you might entail exactly guided expertly by our adept attorneys ready unwaveringly supporting throughout thus ensuring strides into an empowered future starting now facilitated via FREE consultation session at Carlson Bier, standing alongside victims of wrongful death steadfast cherishing lives compassionately righting wrongs legally – their fight becoming ours too!

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Wrongful Death FAQ​

Wrongful death occurs when a person’s death is caused by the negligence or recklessness of another person.

The following people may be able to file a wrongful death lawsuit:

  • The spouse or children of the deceased
  • The parents of the deceased
  • The siblings of the deceased
  • The personal representative of the deceased’s estate

To prove a wrongful death claim in Illinois, the plaintiff must prove the following elements:

  • The defendant owed the deceased a duty of care.
  • The defendant breached that duty of care.
  • The breach of duty caused the death of the deceased.
  • The plaintiff suffered damages as a result of the death of the deceased.

In a wrongful death lawsuit in Illinois, you may be able to recover the following types of damages:

  • Pecuniary damages: These damages are designed to compensate the plaintiff for the financial losses they have suffered as a result of the death of the deceased. This could include lost wages, medical expenses, and funeral expenses.
  • Non-pecuniary damages: These damages are designed to compensate the plaintiff for the non-financial losses they have suffered as a result of the death of the deceased. This could include pain and suffering, loss of consortium, and loss of parental guidance.

The statute of limitations for wrongful death lawsuits in Illinois is two years. This means that you have two years from the date of the death to file a lawsuit.

If you have any questions about your legal rights or options after a wrongful death, you should contact an experienced wrongful death attorney.

All Attorney Services in Smithton

Areas of Practice in Smithton

Two-Wheeler Incidents

Specializing in legal representation for clients injured in bicycle accidents due to other parties' lack of care or hazardous conditions.

Fire Traumas

Supplying adept legal advice for individuals of severe burn injuries caused by mishaps or recklessness.

Physician Malpractice

Extending experienced legal support for clients affected by hospital malpractice, including misdiagnosis.

Goods Accountability

Managing cases involving defective products, extending professional legal assistance to clients affected by defective items.

Geriatric Malpractice

Advocating for the rights of the elderly who have been subjected to abuse in aged care environments, ensuring restitution.

Stumble and Tumble Injuries

Skilled in managing tumble accident cases, providing legal advice to persons seeking redress for their damages.

Childbirth Damages

Providing legal assistance for relatives affected by medical malpractice resulting in neonatal injuries.

Automobile Collisions

Accidents: Committed to aiding patients of car accidents gain fair recompense for hurts and impairment.

Scooter Crashes

Committed to providing legal support for victims involved in scooter accidents, ensuring rightful claims for injuries.

18-Wheeler Crash

Extending experienced legal advice for individuals involved in lorry accidents, focusing on securing just claims for hurts.

Building Site Incidents

Engaged in advocating for workers or bystanders injured in construction site accidents due to oversights or recklessness.

Neurological Damages

Specializing in ensuring compassionate legal assistance for clients suffering from head injuries due to misconduct.

Dog Bite Harms

Skilled in handling cases for victims who have suffered damages from dog bites or beast attacks.

Foot-traveler Collisions

Focused on legal assistance for foot-travelers involved in accidents, providing comprehensive support for recovering compensation.

Unjust Demise

Striving for grieving parties affected by a wrongful death, delivering understanding and skilled legal representation to ensure restitution.

Spinal Cord Injury

Committed to advocating for victims with spinal cord injuries, offering professional legal representation to secure compensation.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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