Wrongful Death Attorney in Plano

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About Carlson Bier Associates

Suffering the loss of a loved one due to wrongful death is heart wrenching and seeking justice can be overwhelming. At Carlson Bier, we understand the complexities this situation may pose and genuinely empathize with your grief. Proudly rooted in Illinois, our firm specializes in representing clients dealing with Wrongful Death cases across diverse scenarios and sectors effectively. We strive to minimize distress by ensuring clear communication, compassionate service, as well as aggressive representation for you against those responsible. Our seasoned team’s rich blend of experience across countless cases enables us to meticulously uncover facts that uphold your claim’s strength. This commitment has yielded substantial settlements that compensate emotional trauma alongside financial damages suffered by our cherished clients who had to endure such tragic losses sadly prematurely — making Carlson Bier an intelligent choice when choosing an attorney for Wrongful Death cases. You are not alone; we are here standing strong beside you on this journey towards achieving rightful compensation – because Justice Matters at Carlson Bier.

About Carlson Bier

Wrongful Death Lawyers in Plano Illinois

As Carlson Bier, we are a trusted team of personal injury attorneys based in Illinois committed to providing our clients with comprehensive legal support and guidance. Our prowess extends across numerous areas of personal injury law, with an undoubted competency in handling Wrongful Death cases. We value the trust our clients place in us and work tirelessly to protect their rights while ensuring they get the justice they deserve.

When one’s life is tragically cut short due to the negligence or reckless conduct of another party, it’s termed as a Wrongful Death. This tragic event often causes immense emotional distress and financial hardship for family members left behind. Understanding the legal implications related to wrongful deaths can be overwhelming but needless worry not; at Carlson Bier, we have experts dedicated to simplifying these complex scenarios so that you attain full cognizance about your potential case.

There are four key aspects linked with wrongful deaths:

• Negligence: The death resulted from the carelessness or recklessness of another party.

• Breach Of Duty: Confirmation needs to be established that indeed there was disregard for duty owed by defendant e.g., motorists obliged to drive carefully.

• Causation: It should be demonstrated beyond doubt how this breach caused said demise.

• Damages: Proof is essential showing burial costs, medical expenses, loss consortium (if applicable), etc.

It’s important for bereaved families involved in wrongful death claims to recall two main points. Firstly, each state has a statute of limitations which places restrictions on the time frame over which Wrongful Death lawsuits may be filed;in Illinois you’ll typically have up till two years post passing away date–failure with respect might conclusively forfeit any rights for compensation.Secondly,the right file claim primarily rests immediately surviving family members classified order precedence such spouse,parent,charge guardian direct children minor adults depending upon circumstances specific jurisdictions other next kin may allowed if no exists prior group.

Our experienced attorneys at Carlson Bier help navigate these complexities with diligence and compassion. Our approach combines thorough investigations, strategic planning, and relentless advocacy to secure the maximum compensation for our clients. We work closely with families, listening to their stories, understanding their needs, and offering tailored legal solutions that facilitate the healing process while seeking justice.

Through every step of the proceedings – from building a strong case that effectively highlights negligence or wrongful action causing death;negotiating shrewdly insurance companies potential defendants ensuring rights protected court trial- we stand by you.With us it is not just about winning cases,but also providing support during difficult times making sure treated dignity respect that everyone deserves.

Our commitment stems from an undying desire to make our communities safer by holding negligent parties accountable while helping grieving families find closure through a rightful claim. If you believe your loved one’s death was due to someone else’s neglicene,you may have rights under Illinois Wrongful Death act – but remember timeliness vital.It worth weighing options sooner rather than later,and this is where expert Carlson Bier can invaluable.

At Carlson Bier, we don’t charge for initial consultations wherein our team of experienced lawyers painstakingly assess each aspect of your potential claim before prescribing a game plan best suited towards achieving desired outcomes.We operate on contingency basis only which means there are no out-of-pocket expenses incurred family unless win lawsuit recovery efforts seldom equate final settlements being dished courts,because able leverage extensive experience profound understandings laws regulations guide towards securing maximum possible compensations.Collectively totally devoted protecting backing bereaved ones recover aftermath tragic loses.

If you’ve faced such heartbreaking loss in family,don’t carry burden alone.Let experts at Carlson Bier stand beside walk through bewildering legal labyrinth injustice admit defeat through pain instead turn beacon hope amidst emotional turmoil struggle.Rest assured,in us partner committed safeguarding interests ever step way pursuit justice bring severe hardships newfound resilience thrive face adversity.Illinois state founded upon principles rule law overall quest justice.In spirit invite explore potential wrongful death claim us understand compensation could potentially procured under Illinois state laws.

Therefore, should the sudden tragedy of a wrongful death befall your family remember–you are not alone. The knowledgeable and empathetic attorneys at Carlson Bier are ready to stand by you providing necessary advice and legal representation. We encourage to learn more about how we can assist you today by clicking on the button below. Get in touch and allow us together value your case justly…because every life matters,and every loss deserves its rightful redress.

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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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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 Plano

Areas of Practice in Plano

Two-Wheeler Collisions

Proficient in legal services for victims injured in bicycle accidents due to negligent parties' recklessness or hazardous conditions.

Burn Traumas

Supplying professional legal services for patients of major burn injuries caused by mishaps or carelessness.

Hospital Carelessness

Providing expert legal representation for persons affected by physician malpractice, including surgical errors.

Goods Accountability

Handling cases involving unsafe products, providing professional legal services to individuals affected by product-related injuries.

Senior Abuse

Protecting the rights of the elderly who have been subjected to malpractice in aged care environments, ensuring restitution.

Trip & Trip Mishaps

Professional in tackling fall and trip accident cases, providing legal support to victims seeking restitution for their harm.

Birth Harms

Extending legal help for loved ones affected by medical malpractice resulting in childbirth injuries.

Automobile Incidents

Collisions: Dedicated to helping victims of car accidents receive just recompense for hurts and harm.

Motorcycle Crashes

Dedicated to providing legal services for victims involved in motorcycle accidents, ensuring just recovery for harm.

Truck Collision

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

Construction Incidents

Concentrated on advocating for workers or bystanders injured in construction site accidents due to recklessness or negligence.

Cerebral Injuries

Specializing in offering compassionate legal support for victims suffering from head injuries due to incidents.

Dog Bite Traumas

Specialized in tackling cases for victims who have suffered harms from canine attacks or animal assaults.

Cross-walker Crashes

Dedicated to legal advocacy for cross-walkers involved in accidents, providing comprehensive support for recovering recovery.

Unfair Loss

Advocating for loved ones affected by a wrongful death, providing compassionate and professional legal representation to ensure restitution.

Spinal Cord Trauma

Committed to representing victims with paralysis, offering professional legal services to secure recovery.

Contact Us Today if you need a Person Injury Lawyer