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Wrongful Death Attorney in Johnston City

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About Carlson Bier Associates

When faced with a tragic loss as a result of wrongful death in Johnston City, the immediate course of action is absolutely critical. Turn to Carlson Bier – trusted legal partners on your path towards justice and compensation. Our seasoned team of personal injury lawyers has carved their reputation by offering comprehensive guidance, compassionate support, and dedicated representation for wrongful death cases across Illinois. Their keen understanding of state regulations combined with years of experience make them an excellent choice for navigating these complex matters. From gathering evidence to negotiating settlements or litigating fiercely in courtrooms, Carlson Bier’s commitment to pursuing your case is unwavering until successful resolution. Put faith in our expertise and ensure that your lost loved one’s rights are staunchly upheld whilst seeking rightful reparations they deserve – Choose Carlson Bier: not just attorneys-at-law but also allies committed obsessively towards ensuring maximum justice delivered swiftly under difficult circumstances caused by wrongful deaths within Johnston City’s jurisdiction.

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About Carlson Bier

Wrongful Death Lawyers in Johnston City Illinois

At Carlson Bier, we specialize in advocating for families who have suffered the unfathomable tragedy of losing a loved one due to someone else’s negligence. Based in Illinois, our exceptional team of personal injury attorneys has extensive knowledge and experience dealing with Wrongful Death cases.

Wrongful Death is a legal term that denotes a situation where the wrongful conduct or negligence of an individual or entity causes death. This could occur due to various reasons such as negligent actions resulting in vehicular accidents, medical malpractice leading to fatal consequences, faulty product design causing harm leading to death, among others.

In order to file a Wrongful Death claim it’s critical to understand several key points:

– A suitable representative must bring forth the case on behalf of the deceased person’s estate.

– The cause of death should be proved as negligence or misconduct by another party.

– Substantial evidence is needed for showcasing financial burden from lost earnings and benefits.

– Claim presentation should illustrate emotional suffering inflicted upon dependants.

The aftermath of a tragic loss can leave the victim’s family perplexed about which step they should take next. Missing the intricacies while dealing with complicated Wrongful Death cases can put potential damages at stake – this is where we come into play. Our empathetic approach coupled with aggressive litigation aims not just for justice but also assures you achieve adequate compensation required for closure and healing.

Wrongful Death lawsuits are convoluted involving several phases like conducting thorough investigations gathering evidence, comprehending statutes limitations for filing claims within stipulated time frames along with appeasing numerous other intricate legal requirements . With seasoned expertise seconding you through nerve-wracking times we ensure smooth navigation across these complexities holding your hand every step along challenging journey towards securing rightful remuneration.

Choosing appropriate legal representation during such distressing circumstances carries immense weightage – entrust us with your concerns so you may focus on grieving process whilst we shoulder responsibility seeking justice fiercely fighting in courtrooms. Rest knowing our relentless efforts advocate tirelessly seeking compensation inclusive of medical expenses lost wages funeral costs pain and suffering.

Have been victims suffering in silence by nursing feelings of resentment, longing for closure but unsure about where to begin? Carlson Bier has a steadfast commitment towards offering compassionate representation guiding through dark times with dedication unmatched proficiency always prioritizing clients’ needs above all else.

We urge you not to bear the burden of a wrongful death alone; legal action can offer justice and potential financial support needed during such turbulent times. Taking this step is not only about pursuing compensation, it’s also about ensuring that the same fate doesn’t befall someone else – holding accountable those at fault discourages repetition and helps guard public safety at large.

While we sincerely hope there comes no day when you require services like these, if such an unfortunate event does occur think of us as your reliable confidante willing to fight relentlessly on your behalf. Remember: time plays an integral part in such cases so prompt action is key while facts are fresh witnesses available easy verification evidences can still be traced easily.

Reach out to us now. Let the astute personal injury attorneys at Carlson Bier guide you through these demanding circumstances with tactful skill and genuine compassion every step along along way towards justice being served.

The legal labyrinth accompanying Wrongful Death cases entangles several complexities – thankfully we have your back navigating them with utmost proficient acumen ensuring nothing slips cracks potentially jeopardizing due recompense rightful restoration post momentous loss .

Finally, don’t hesitate. We firmly believe that during such strenuous moments, practical actions coupled with informed decision making can go lengths assuaging accumulating stress caused by tragic occurrences enabling shoulder responsibility provision peaceful healing process bereaved family members . Click on button below seek valuable advice from us thus unraveling mystery behind exact worth of your case thereby taking first decisive leap towards getting life back track after monumental devastation caused by untimely loss dear one.

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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 Johnston City

Areas of Practice in Johnston City

Two-Wheeler Accidents

Focused on legal assistance for individuals injured in bicycle accidents due to others's carelessness or perilous conditions.

Thermal Damages

Extending professional legal assistance for people of intense burn injuries caused by events or carelessness.

Medical Carelessness

Offering dedicated legal services for clients affected by hospital malpractice, including wrong treatment.

Merchandise Responsibility

Managing cases involving faulty products, delivering specialist legal support to clients affected by product-related injuries.

Senior Abuse

Defending the rights of nursing home residents who have been subjected to mistreatment in aged care environments, ensuring fairness.

Tumble & Slip Accidents

Skilled in addressing fall and trip accident cases, providing legal support to victims seeking restitution for their losses.

Childbirth Harms

Providing legal support for families affected by medical negligence resulting in neonatal injuries.

Automobile Mishaps

Mishaps: Dedicated to aiding individuals of car accidents receive just recompense for wounds and harm.

Bike Incidents

Focused on providing legal advice for victims involved in motorbike accidents, ensuring fair compensation for losses.

Truck Collision

Providing experienced legal support for clients involved in semi accidents, focusing on securing just recovery for hurts.

Construction Crashes

Dedicated to assisting workers or bystanders injured in construction site accidents due to negligence or recklessness.

Head Damages

Focused on providing expert legal support for patients suffering from brain injuries due to incidents.

Canine Attack Harms

Skilled in managing cases for clients who have suffered traumas from K9 assaults or beast attacks.

Foot-traveler Collisions

Dedicated to legal support for pedestrians involved in accidents, providing dedicated assistance for recovering restitution.

Unjust Death

Striving for relatives affected by a wrongful death, delivering understanding and experienced legal support to ensure restitution.

Spine Damage

Expert in representing persons with spinal cord injuries, offering dedicated legal guidance 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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