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Wrongful Death Attorney in Chemung

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About Carlson Bier Associates

When faced with the reality of a wrongful death situation, securing formidable legal representation is crucial. Carlson Bier has established its preeminence as Wrongful Death experts in Illinois by consistently achieving justice for clients dealing with this traumatic event. Our goal is to lighten your burden during such a difficult time and assure you receive the most favorable outcome possible. We demonstrate an unwavering determination to navigating complex state laws efficiently, establishing liability and determining rightful compensation on behalf of our clients. Not simply confined within boundaries, we provide exceptional services across various locales including Chemung where we have rightfully earned great respect as tenacious advocates. Unquestionably choosing Carlson Bier ensures meticulous attention to details pertinent in these cases coupled with unmatched compassion which works seamlessly towards minimizing pain for those grieving while fighting aggressively for deserved rights and restitution. In us, find not just lawyers meticulously skilled in wrongful death litigation but dedicated partners who understand human complexities that transcend beyond professional engagements.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Chemung Illinois

Welcome to the Carlson Bier Law Group, one of Illinois’s eminent personal injury law firms. We know and understand that dealing with a wrongful death is an emotionally draining experience. Our mission revolves around offering you superior legal services paired with the much-needed moral support during such difficult times.

At Carlson Bier, our legal experts possess in-depth knowledge of complex wrongful death laws entailing cases triggered by medical malpractice, workplace accidents, defective products or fatal auto collisions. As your legal representatives, we meticulously examine every case’s specifics and prevalent nuances – from negligence proof to damage assessments – to ensure seamless judicial proceedings.

Unraveling the Wrongful Death Claims

• Defined as a claim against an entity held legally responsible for someone’s accidental demise, wrongful death can be implicated in numerous circumstances: automotive catastrophes, botched medical treatments or harmful product exposure.

• It hinges on two fundamental aspects: proving negligence contributing directly to accident-induced deaths and convincingly demonstrating consequent damages warranting compensation.

Deciphering Establishing Negligence

• Commonly referred to as ‘Duty of Care,’ establishing negligence necessitates decisive evidence revealing defendant’s direct role violating their responsibility towards victim safety, resulting in severe injury leading ultimately to a tragic end.

Fragmentizing Damages in Wrongful Death Cases:

• Economic Damages: These typically incorporate quantifiable financial losses suffered due to untimely demise including loss of work income and benefits; funeral expenditures along with associated medical bills until expired.

• Non-Economic Damages: Emotional pain inflicted upon loved ones upon victim’s passing falls under non-economic damages category – often titled as “loss of consortium” or companionship”. However, calculating this particular type has no standard yardstick unlike economic damages – making it infinitely more intricate requiring skillful deliberation.

When claiming fair compensation following tragic fatalities caused by others’ reckless actions – nothing replaces qualified legal assistance through diligent professionals like us at Carlson Bier. Our main aim lies in guaranteeing just retribution for your immense personal and financial loss.

Remember, Illinois statute of limitations grants a two-year filing period since death discovery – reason why turning immediately to us becomes crucial for preserving requisite evidence plus building solid cases before narrowing time frames. However, certain exceptions do exist potentially extending this stipulated timeline and our knowledgeable attorneys shall gladly guide you through these legal intricacies while also preemptively preparing for common defenses wrongful death defendants usually resort to.

The path towards rightful compensations after losing precious ones inevitably appears daunting yet as compassionate advocates field-seasoned by countless similar experiences – let Carlson Bier Law lighten your overwhelming burden. We truly care about Illinois families who have endured needless loss due to someone else’s negligence.

Navigating turbulent legal waters retiringly requires expert assistance – exactly what we offer at Carlson Bier Group. Remember that the monetary settlement can never fill the void left behind by the one departed; it’s more about acknowledging damage inflicted upon survivors providing them solace and helping get their life back on track.Want a free case review? Wish to untangle wrongful death claim subtleties related with your situation?Need expert guidance regarding possible damages amounting from wrongful deaths inducing accidents? Click on the below button now to discover a personalized estimate enabling planning ahead or even considering initiation of potential litigation expedition within Illinois’s geographical limits where our physical presence stands strong without false impersonations elsewhere.Also, learn how our experienced legal team relentlessly strives offering comprehensive representation ensuring robust safeguard against potential hardships following dear ones’ premature departures thereby holding those responsible accountable under law purview whilst securing fair compensatory relief upholding utmost justice ideals caringly tending every genuine grief-stricken call minus demanding upfront payments only warranted post-verifiable win realization granting due client victories deserving each soul wrongfully ripped away early.

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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 Chemung

Areas of Practice in Chemung

Bike Collisions

Focused on legal advocacy for clients injured in bicycle accidents due to others's lack of care or dangerous conditions.

Burn Wounds

Supplying expert legal advice for individuals of intense burn injuries caused by mishaps or recklessness.

Hospital Carelessness

Extending professional legal assistance for individuals affected by hospital malpractice, including misdiagnosis.

Merchandise Liability

Handling cases involving problematic products, providing specialist legal assistance to consumers affected by product malfunctions.

Geriatric Malpractice

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

Trip and Trip Mishaps

Professional in addressing slip and fall accident cases, providing legal support to clients seeking redress for their injuries.

Neonatal Injuries

Offering legal support for relatives affected by medical malpractice resulting in childbirth injuries.

Car Incidents

Mishaps: Focused on aiding individuals of car accidents obtain appropriate recompense for wounds and destruction.

Bike Crashes

Dedicated to providing legal assistance for victims involved in motorcycle accidents, ensuring just recovery for damages.

18-Wheeler Incident

Extending expert legal support for victims involved in big rig accidents, focusing on securing adequate recovery for harms.

Construction Crashes

Dedicated to supporting workmen or bystanders injured in construction site accidents due to safety violations or carelessness.

Brain Traumas

Committed to extending dedicated legal assistance for clients suffering from brain injuries due to misconduct.

Canine Attack Traumas

Proficient in addressing cases for persons who have suffered harms from dog attacks or wildlife encounters.

Cross-walker Incidents

Expert in legal assistance for joggers involved in accidents, providing professional services for recovering compensation.

Unfair Death

Advocating for families affected by a wrongful death, offering understanding and skilled legal support to ensure justice.

Vertebral Damage

Specializing in representing individuals with vertebral damage, offering specialized legal guidance to secure recovery.

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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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