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Wrongful Death Attorney in North Pekin

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About Carlson Bier Associates

Experiencing a tragic loss due to wrongful death can be devastating, yet understanding your rights during this painful time is integral. At Carlson Bier, we specialize in representing wrongfully deceased individual’s families and loved ones relentlessly pursuing justice on their behalf. Our exceptional wrongful death attorneys offer unrivaled legal expertise with a human touch throughout North Pekin. We deliver meticulous investigations into the circumstances surrounding the sudden demise, affording you every opportunity for suitable compensation under Illinois law. Our undeniable track record demonstrates our commitment to turning deep-seated pain into tangible justice for each client, promising unmatched dedication from consultation until resolution of each case at hand. As industry frontrunners upholding high ethical standards coupled with empathy-driven representation ensures your voice resonates loud within courtrooms defending your cause passionately as though it were ours – because at Carlson Bier – Your Fight is Our Fight! Choosing Carlson Bier represents choosing unwavering advocacy channeling steadfast strength throughout unsettling periods navigating murky waters of Wrongful Death legalities together ensuring fairness prevails over adversity.

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About Carlson Bier

Wrongful Death Lawyers in North Pekin Illinois

At Carlson Bier, we specialize in personal injury law and are committed to helping individuals and families throughout the state of Illinois seek rightful damages for an array of incidents. Specifically, our expertise lies significantly in wrongful death cases where we recognize how critical it is to have effective legal representation from a dedicated team that comprehensively understands this area of law.

Wrongful death claims can stem from several different circumstances such as car accidents, medical malpractice incidents, workplace injuries or fatalities due to defective products. The purpose behind these lawsuits is not only about seeking justice but also providing financial stability for the surviving loved ones during such a tragic time.

When determining whether you have a valid wrongful death claim, several key factors need consideration:

– You must prove that a party’s negligence resulted directly in your loved one’s untimely demise.

– As a plaintiff (the individual filing the lawsuit), you should be able to provide significant proof of your financial suffering due to the loss.

– Only specific relatives like spouses, minor children or parents (in case the deceased was unmarried) can file for such cases.

At Carlson Bier, our knowledgeable attorneys will guide you through each step meticulously ensuring nothing is overlooked concerning these determinants.

Moreover, it’s crucial to understand the nuances associated with claiming compensation for wrongful deaths. Compensation can cover medical expenses incurred before death, funeral costs as well as lost wages and benefits. In some instances, emotional damages like loss of companionship/spousal support may also constitute part of the settlement amount.

Acting quickly is essential after experiencing a profound loss due to negligence because most states including Illinois operate under what is known as “statute of limitations”. This term refers to deadlines by which lawsuits must be filed. To ensure that these deadlines do not prevent you from receiving rightful justice and recompense, partnering with an adept attorney who understands these critical timings is paramount.

Understanding all these complexities surrounding wrongful death lawsuits might seem daunting. That’s why at Carlson Bier, we are dedicated to not just representing you in the strongest manner possible, but educating you on your rights and entitlements as well.

Navigating a legal case can often be a tiring process filled with complicated jargon and intricate nuances. Here at Carlson Bier, we’re here to simplify that experience for our clients. Our skilled team of attorneys presents years of experience in personal injury law supplemented by an approachable demeanor that makes understanding wrongful death cases less intimidating and more manageable. While comprehending every aspect of such proceedings may initially appear challenging, seeking uncompromised professional guidance will streamline your journey towards justice.

Wrongful death claims demand expert legal prowess coupled with a genuine sense of empathy; both of which define our practice at Carlson Bier. We understand the immense grief behind these lawsuits and align our resources seamlessly so that your path towards rightful compensation is free from unnecessary hurdles allowing you to focus on healing during this difficult period.

Want detailed insights about where your claim stands? The team at Carlson Bier invites you now to use our interactive form below. This click holds the potential to bring clarity regarding how much your case might be worth and sets the stage for building a robust lawsuit driven by rigorous advocacy and steadfast legal support from one of Illinois’ premier law firms specializing in wrongful death cases – Carlson Bier Associates, LLC.

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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 North Pekin

Areas of Practice in North Pekin

Pedal Cycle Incidents

Specializing in legal support for clients injured in bicycle accidents due to others's lack of care or dangerous conditions.

Flame Injuries

Providing skilled legal support for individuals of intense burn injuries caused by occurrences or indifference.

Healthcare Negligence

Delivering experienced legal services for persons affected by hospital malpractice, including surgical errors.

Goods Liability

Addressing cases involving defective products, providing skilled legal support to consumers affected by harmful products.

Geriatric Abuse

Representing the rights of seniors who have been subjected to mistreatment in aged care environments, ensuring compensation.

Slip & Fall Incidents

Adept in addressing fall and trip accident cases, providing legal support to clients seeking recovery for their injuries.

Childbirth Traumas

Providing legal help for kin affected by medical negligence resulting in birth injuries.

Automobile Mishaps

Crashes: Concentrated on supporting patients of car accidents receive reasonable settlement for hurts and impairment.

Motorbike Incidents

Focused on providing legal advice for victims involved in motorcycle accidents, ensuring fair compensation for traumas.

18-Wheeler Incident

Offering adept legal representation for drivers involved in lorry accidents, focusing on securing adequate compensation for hurts.

Construction Site Accidents

Engaged in assisting employees or bystanders injured in construction site accidents due to safety violations or carelessness.

Cerebral Impairments

Focused on extending expert legal advice for persons suffering from cognitive injuries due to accidents.

Dog Attack Traumas

Adept at addressing cases for victims who have suffered traumas from puppy bites or beast attacks.

Pedestrian Collisions

Committed to legal services for foot-travelers involved in accidents, providing expert advice for recovering restitution.

Unwarranted Loss

Standing up for relatives affected by a wrongful death, extending sensitive and expert legal support to ensure fairness.

Neural Harm

Dedicated to supporting patients with vertebral damage, offering compassionate legal services 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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