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Wrongful Death Attorney in East Alton

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About Carlson Bier Associates

Trust the unwavering expertise of Carlson Bier for all your Wrongful Death cases. We are committed to upholding the rights and seeking justice for those who have lost a loved one due to preventable deaths in East Alton. Understanding that no amount of money can make amends, our compassionate team focuses on easing this burden by working diligently towards securing rightful compensation that acknowledges the depth of your loss. Our seasoned lawyers delve into each case with precision, armed with vast knowledge specific to Illinois laws pertaining to wrongful death claims. Winning several high-stake cases, we’ve unequivocally proven our skill in meticulously navigating these complex terrains. At Carlson Bier, you’re assured thoughtful legal advisory and uncompromising representation aimed at achieving optimal outcomes rather than mere settlements. Notably revered as a conscientious ally within wronged families’ midst during their dire moments – we’re here standing ready for you whenever such unfortunate circumstances arise requiring legal intervention in East Alton or beyond.

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About Carlson Bier

Wrongful Death Lawyers in East Alton Illinois

At Carlson Bier, we provide skilled legal representation and compassionate advocacy for wrongful death victims in Illinois. Wrongful Death is a complex field of law; it addresses situations where negligence, misconduct or deliberate behavior results in fatal injuries. These unfortunate events are devastating to those left behind and navigating the legal landscape toward compensation can often be overwhelming without professional assistance.

In Illinois, a wrongful death claim can be filed by certain surviving family members if their loved one’s demise was caused by another individual’s careless or intentional actions. The family members who have the right to file a claim include immediate relatives such as spouse and children, while other more distant relatives may be considered under certain circumstances.

Understanding some crucial points about wrongful death claims is central to successful litigation:

• Determining Liability: This involves providing concrete evidence that the defendant owed the deceased a duty of care and failed in this responsibility leading to fatality.

• Statute of Limitations: In Illinois, you have two years from the date of your loved one’s passing to file a wrongful death lawsuit. Delays beyond this limit could forfeit your rights to take legal action.

• Damages Awarded: A variety of financial damages may be awarded including medical expenses incurred prior to passing, future lost income and benefits, burial costs, mental anguish suffered by survivors among others.

Our experienced attorneys at Carlson Bier work diligently towards building robust cases aimed at maximizing deserved compensations for family members suffering due to sudden loss. We comprehend that no amount of financial compensation will ever replace your loved one but our unwavering commitment endeavors to help alleviate often strenuous financial burdens arising during these trying times.

Noteworthy too is that an important determination factor for potential damages awarded lies keenly on quality legal representation. Insurance companies will certainly possess formidable defense strategies and hence leveraging on thoroughly prepared arguments anchored on strong evidence becomes critical for justifiable settlements.

Entrust us with your case today at Carlson Bier. Our proficient team wields in-depth legal knowledge coupled with empathy, tact and sound negotiating skills requisite for battling complex wrongful death claims. From detailed case preparation, adept representation in negotiations or court trials to calculated liaising with insurance parties; we walk you through every step soothingly transforming taxing processes into simpler understandable ones.

Remember, while the legal considerations of a wrongful death claim are crucial, it’s equally important to take care of yourself during this distressing period. Legal proceedings can be long and stressful so seeking emotional support from friends, family or professional counselors is also paramount during your healing journey.

At Carlson Bier, our priority lies not just on recovering deserved compensation but also ensuring easy comprehension of legal processes for those citizens who entrust their cases to us. We believe that when armed with clarity and understanding about one’s rights plus possible compensations payable under the Illinois Wrongful Death Act, families can then make informed decisions which aid towards healthy grieving and ultimate recovery without added daunting financial worries.

Ready to entrust us with your case? Let our experienced personal injury attorneys at Carlson Bier fight diligently for the justice your loved one truly deserves. Engage us today by clicking the button below – find out how much your case could potentially be worth as we zealously pursue utmost reparations within the guidelines of Illinois law just for you.The first consultation is free; thus allowing you an opportunity to understand what exactly Carlson Bier offers without any financial commitment initially required from you.

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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 East Alton

Areas of Practice in East Alton

Pedal Cycle Mishaps

Specializing in legal assistance for individuals injured in bicycle accidents due to other parties' indifference or unsafe conditions.

Fire Traumas

Supplying professional legal services for people of severe burn injuries caused by mishaps or recklessness.

Hospital Carelessness

Delivering experienced legal advice for patients affected by hospital malpractice, including negligent care.

Products Responsibility

Taking on cases involving problematic products, supplying adept legal assistance to consumers affected by product malfunctions.

Geriatric Abuse

Protecting the rights of seniors who have been subjected to neglect in nursing homes environments, ensuring fairness.

Tumble and Slip Incidents

Specialist in handling fall and trip accident cases, providing legal representation to individuals seeking redress for their losses.

Newborn Wounds

Offering legal assistance for kin affected by medical incompetence resulting in childbirth injuries.

Automobile Incidents

Crashes: Devoted to supporting sufferers of car accidents obtain appropriate recompense for injuries and impairment.

Motorbike Accidents

Dedicated to providing legal assistance for victims involved in two-wheeler accidents, ensuring fair compensation for traumas.

Big Rig Mishap

Providing professional legal assistance for individuals involved in semi accidents, focusing on securing appropriate claims for injuries.

Building Mishaps

Concentrated on assisting workers or bystanders injured in construction site accidents due to oversights or irresponsibility.

Neurological Traumas

Committed to extending specialized legal representation for individuals suffering from neurological injuries due to incidents.

Dog Attack Damages

Proficient in managing cases for people who have suffered wounds from canine attacks or creature assaults.

Foot-traveler Crashes

Specializing in legal services for foot-travelers involved in accidents, providing expert advice for recovering damages.

Unjust Death

Fighting for relatives affected by a wrongful death, extending understanding and professional legal representation to ensure fairness.

Backbone Trauma

Expert in advocating for clients with paralysis, offering expert legal support 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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