Wrongful Death Attorney in Westville

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About Carlson Bier Associates

When confronted with the devastation of a wrongful death, Carlson Bier steps in as your trusted legal ally. Handpicked for their unmatched prowess and relentless dedication to justice, our team represents unrivaled expertise within the professional realm of personal injury law. From complex case investigation to rigorous representation in courtrooms across Illinois, we guide you through every step with precision and empathy. Furthermore, dominance in Wrongful Death Law sets us apart from other firms – we diligently focus on these cases until justice is served for each client. Entrust Carlson Bier while navigating these treacherous times; our unwavering commitment ensures all necessary legal measures are undertaken promptly and thoroughly towards your compensation’s maximization. We understand that no restitution can truly offset a loved one’s loss; however, seek justice it does help carry forward life amidst such profound despair. For an unparalleled combination of compassion backed by formidable legal firepower– choose Carlson Bier – Where your peace-of-mind matters as much as winning any case.

About Carlson Bier

Wrongful Death Lawyers in Westville Illinois

At Carlson Bier, we have consistently dedicated our practice to support those who have had to deal with the unbearable loss of a loved one due to wrongful death. Wrongful death is legally defined as a fatality caused by the negligence or misconduct of another party. This can involve several scenarios ranging from medical malpractice, automobile accidents, defective product fatalities and workplace-related deaths.

Navigating these sensitive terrains demands competence, empathy and experience – tenets that our legal team hold in high regard. We understand that no compensatory amount can replace your loved one; however, appropriate compensation might provide financial security and contribute to closure on this traumatic event.

Key elements for a wrongful death claim in Illinois are:

• The deceased person would be alive if it weren’t for someone else’s negligent or intentional act.

• Surviving family members must be suffering monetary damages as a result

• A personal representative needs to be appointed for your loved one’s estate.

Wrongful deaths can bring a myriad of expenses such as hospital bills initiated before death, funeral and burial costs, loss of future income the deceased would likely have earned had they lived their expected lifetimes plus non-economic impacts like mental anguished suffered by survivors.

At Carlson Bier’s premises here in Illinois, you will find more than just legal representatives; you’ll find allies committed to obtaining justice for the unexpected loss experienced. Our law firm values transparency regarding legal procedures surrounding wrongful death claims which could undoubtedly get complex due to various contributory factors like determining liability or calculating economic losses.

It also essential noting that Illinois stipulates a Statute of Limitations on wrongful death suits: suit needs filing within two years from when the decedent passed away except under special circumstances where that period may either shorten or lengthen depending upon specifics involved consequently necessitating immediate action by surviving kin.

Losing a beloved person causes immense emotional turmoil leaving little space for anything else especially something daunting as a wrongful death suit. This is where Carlson Bier steps in ensuring you have the much-needed time for emotional recovery while we handle your battle seeking justice, closure and appropriate compensation instead of grappling with proceed entirely alone.

Simultaneously, having us ensures complexity broken down into simpler nuggets. Our skilled attorneys understand comprehending legal jargon might not be everyone’s cup of tea; their role is to walk you through these terms translating them into layman-friendly language easy-to-understand by anyone regardless of legal expertise or lack thereof.

Remember, trust plays an instrumental role during such trying times. At Carlson Bier, we foster that trust by offering premier personalized services tailored specifically to align with unique needs at hand plus maintaining open communication lines throughout this process resulting in an all-around inclusive experience.

Successfully winning a wrongful death case requires impeccable skill merged with an analytical approach to details combined seamlessly alongside compassion—qualities our team excels at embodying due to vast prior experiences on similar matters enabling us tackle each claim meticulously while upholding highest professional standards.

At Carlson Bier’s Illinois-based law firm, we diligently work towards securing financial compensation through competent advocacy against insurance companies or influential corporations involved in each scenario. Our success stems from adopting detailed approaches surrounding circumstances underpinning each accident determining liable parties and pursuing them relentlessly till justice prevails.

Regardless of complex aspects every wrongful death claim encounters like deciphering intricate layers accurately calculating just compensation amounts assigning responsibility accurately among other nuances faced, rest assured knowing experienced hands guide you.

Finally, recognizing value tied to your potential claim has far-reaching implications aiding informed decisions about proceeding further or taking alternatives offered frequently through out-of-court settlements typically schema devised by defense lawyers looking at insulating clients minimizing exposure.

Intrigued? Longing for more insights based on your specific cases? Then please don’t hesitate: click on the button below now! Let’s discover together what rightful compensatory claim awaits you in your pursuit of justice emanating from such an untimely, unjustifiable loss.

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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 Westville

Areas of Practice in Westville

Pedal Cycle Crashes

Focused on legal support for people injured in bicycle accidents due to others's lack of care or hazardous conditions.

Fire Injuries

Supplying expert legal services for patients of grave burn injuries caused by mishaps or carelessness.

Clinical Malpractice

Ensuring experienced legal support for persons affected by clinical malpractice, including misdiagnosis.

Products Obligation

Taking on cases involving problematic products, supplying specialist legal help to victims affected by product malfunctions.

Nursing Home Mistreatment

Protecting the rights of nursing home residents who have been subjected to abuse in aged care environments, ensuring restitution.

Trip & Trip Incidents

Professional in tackling stumble accident cases, providing legal assistance to clients seeking redress for their losses.

Childbirth Wounds

Offering legal assistance for families affected by medical malpractice resulting in newborn injuries.

Car Collisions

Incidents: Committed to guiding victims of car accidents get just recompense for wounds and destruction.

Motorbike Accidents

Expert in providing representation for individuals involved in bike accidents, ensuring justice for traumas.

Trucking Collision

Delivering experienced legal assistance for individuals involved in lorry accidents, focusing on securing appropriate recovery for damages.

Construction Mishaps

Engaged in defending workmen or bystanders injured in construction site accidents due to carelessness or recklessness.

Neurological Injuries

Committed to providing compassionate legal assistance for patients suffering from cerebral injuries due to misconduct.

K9 Assault Injuries

Expertise in tackling cases for individuals who have suffered wounds from K9 assaults or creature assaults.

Foot-traveler Crashes

Expert in legal representation for foot-travelers involved in accidents, providing expert advice for recovering restitution.

Unwarranted Death

Working for loved ones affected by a wrongful death, extending empathetic and experienced legal assistance to ensure redress.

Vertebral Trauma

Dedicated to assisting patients with vertebral damage, offering dedicated legal assistance to secure justice.

Contact Us Today if you need a Person Injury Lawyer