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Wrongful Death Attorney in Virden

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About Carlson Bier Associates

Navigating the heart-wrenching process of a wrongful death case demands compassionate fortitude and legal expertise. Carlson Bier, renowned for its superior handling of such cases in Virden, is ready to provide steadfast support during this critical time. We are confident in our ability to serve your needs competently and compassionately. With deep ties to Illinois, we understand the sensitivities surrounding wrongful death cases; it’s more than just legal proceedings – it’s about helping you find closure amid unimaginable grief. Our lawyers believe that every neglected life deserves justice, offering comprehensive services ranging from investigation to representation in court. Drawing on years of invaluable experience working with unique cases across different law jurisdictions within Illinois state lines, we bring nuanced perspectives that drive success rates higher than any other firm. Choose us – your journey towards seeking rightful compensation shouldn’t be an uphill battle but a supported mission by committed professionals who prioritize your peace over anything else: Carlson Bier – championing victims’ rights tirelessly amidst adversity regarding these emotionally challenging situations anywhere within our beloved Prairie State.

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Wrongful Death Lawyers in Virden Illinois

The importance of understanding wrongful death claims and their implications cannot be overstated. Carlson Bier, a reputable law firm based in Illinois, has dedicated its personal injury practice to support families grieving the loss of a loved one due to another party’s negligent or intentional misconduct. Wrongful Death laws exist to help protect your rights during these difficult times.

Exploring the concept of Wrongful Death takes us into legal frameworks that cover situations like fatal car accidents, workplace injuries, medical malpractice, product liability cases, and more. Indeed these are tragic incidents where individuals lose life due to others’ negligence.

• Fatal Car Accidents: A significant part of wrongful death cases involve motor vehicle mishaps wherein the responsible party was either driving under influence, speeding or ignoring safety requirements.

• Workplace Injuries: Sadly, jobsite hazards contribute vastly towards fatalities which could have been prevented with better safety measures from employers.

• Medical Malpractice: Medical professionals are expected—with no exception—to perform within standards developed for patient care; failure often leads to heartbreaking consequences for families involved.

• Product Liability Cases: Manufacturers bear an immense responsibility in ensuring their products do not cause harm; failure here results in harmful ramifications including loss of life.

As experienced Personal Injury Attorneys taking on Wrongful Death suits, the team at Carlson Bier recognizes how complex these cases can be. That’s why we believe it’s crucial for clients to clearly understand elements needed for filing such a claim in Illinois:

1. The existence of a duty owed by person causing injury (defendant) to deceased individual (plaintiff)

2. A breach of said duty

3. The direct cause between defendant’s action/inaction and plaintiff’s death

4. Demonstration that grief-stricken family members suffer monetary damage as result

Illinois law also stipulates guidelines regarding who may file a wrongful death lawsuit—usually spouse/children are allowed to file, following them are parents/siblings. Moreover, this lawsuit must typically be filed within two years of date of deceased’s death—these nuances highlight the significance of contacting an accomplished attorney like those at Carlson Bier when contemplating legal action.

Wrapping your head around such concepts in aftermath of a loved one’s unforeseen demise is understandably challenging. At Carlson Bier, we’ve built our legacy helping families navigate through these difficult times in Illinois; from understanding their rights, drafting case-accurate paperwork to arguing your case before a court – we work committedly towards obtaining compensation which can alleviate some financial strain caused by tragic loss.

Our mission has been and always will be about providing maximum value to our clients—the bereaved families who deserve justice for their lost beloved ones. On wrongful death cases, the end-game most likely involves receiving damages as compensation that promise some form of restitution for irreplaceable loss suffered. These compensations can cover expenses from medical care pre-death, funeral/burial costs, future earnings lost due to untimely death or even non-tangibles like suffering and grief-stricken mental anguish.

However daunting all of this sounds – intricate law structures or emotionally taxing decision-making process alike – rest assured you’re not alone. The legal experts at Carlson Bier are here for guidance in a time where clarity is hard-fought but critically needed.

We invite you now to capitalize on our commitment towards offering immense value through meticulous sieving & application of Wrongful Death laws—at the heart and helm are emotions running deep due familiar bonds broken prematurely—but it also entails unlocking access to deserved compensations in face of expenses piling up fast.

Knowledge is power; empowering yourself today could very well mean rightful justice tomorrow for your deceased loved one included under wrongful deaths bracket—as defined by state personal injury/damages law—are something all too real and regretfully common—and beholds far more substance than only grim statistics headlining news stories every so often.

So take the step now, click on the button below to find out how much your case is worth. While dealing with such loss isn’t easy, at Carlson Bier we aim to ensure that journey towards seeking justice for your loved one’s unfortunate wrongful death remains as bearable and victorious as possible.

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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 Virden

Areas of Practice in Virden

Bicycle Accidents

Dedicated to legal representation for persons injured in bicycle accidents due to others's carelessness or perilous conditions.

Burn Traumas

Offering skilled legal advice for sufferers of severe burn injuries caused by mishaps or recklessness.

Clinical Incompetence

Ensuring experienced legal assistance for persons affected by hospital malpractice, including surgical errors.

Items Responsibility

Managing cases involving unsafe products, providing skilled legal support to victims affected by defective items.

Senior Misconduct

Supporting the rights of aged individuals who have been subjected to malpractice in aged care environments, ensuring protection.

Tumble and Tumble Injuries

Specialist in addressing stumble accident cases, providing legal support to persons seeking restitution for their suffering.

Childbirth Wounds

Offering legal aid for households affected by medical incompetence resulting in childbirth injuries.

Automobile Incidents

Incidents: Focused on aiding patients of car accidents get equitable recompense for injuries and harm.

Scooter Accidents

Committed to providing legal assistance for bikers involved in scooter accidents, ensuring justice for losses.

Semi Crash

Providing specialist legal services for individuals involved in lorry accidents, focusing on securing adequate claims for injuries.

Building Site Mishaps

Dedicated to assisting laborers or bystanders injured in construction site accidents due to carelessness or negligence.

Cerebral Traumas

Dedicated to providing compassionate legal representation for individuals suffering from neurological injuries due to misconduct.

K9 Assault Harms

Specialized in managing cases for persons who have suffered harms from dog bites or animal assaults.

Foot-traveler Accidents

Focused on legal advocacy for pedestrians involved in accidents, providing comprehensive support for recovering claims.

Unfair Fatality

Striving for grieving parties affected by a wrongful death, delivering caring and adept legal support to ensure justice.

Backbone Trauma

Dedicated to assisting victims with vertebral damage, offering specialized legal services to secure settlement.

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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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