Wrongful Death Attorney in Crescent City

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About Carlson Bier Associates

If faced with the unbearable tragedy of a wrongful death, turn to Carlson Bier for experienced and compassionate legal guidance in Crescent City. As an distinguished law firm offering wrongful death counsel, we are committed to seeking justice for victims’ families during their most challenging times. Backed by vast experience handling sensitive cases, our attorneys possess proven skills at organising meticulous arguments tailored towards your unique circumstances. We work tirelessly to hold negligent institutions and individuals financially responsible while providing effective strategies geared toward maximizing compensation claims. Besides our acute understanding of Illinois laws regarding wrongful deaths makes us a critical ally when fighting against insurance companies or corporate lawyers who seek to minimize your rightful compensation claim. Let Carlson Bier be the instrument that honors the deceased through legal action; ensuring you receive justice rightfully accruing from such unfortunate events.

Despite the distance, rest assured that finding qualified representation like ours is accessible within Crescent City has never been easier than relying on Carlson Bier’s dependable services as we guarantee exemplary outcomes fitting each individual case requirements.Through hard work dedication,and commitment,to no one’s exclusion let excellence serve justice in rememberance of those dearly departed

About Carlson Bier

Wrongful Death Lawyers in Crescent City Illinois

Navigating the complex realm of personal injury law can often feel daunting. Litigation can be especially complicated when dealing with wrongful death cases, where victims’ families must face a sudden loss and navigate grief all while striving for justice. At Carlson Bier, based in Illinois, we are acutely aware that such circumstances necessitate not only empathetic support but also legal expertise to facilitate the process.

Wrongful deaths arise from instances such as motor vehicle accidents, medical malpractice or situations where another party’s negligence leads to a fatality. The individual responsible for such an incident owes compensation to the surviving family members for damage caused; this is legally termed ‘wrongful death’. This area of law addresses both the emotional anguish suffered by the bereaved family and helps secure financial security during their time of need.

There are two pivotal aspects you should understand about Wrongful Death cases:

• Monetary Damages: These cover funeral expenses, loss of potential future income and benefits (including retirement), hospital and medical care prior to death, property damages if applicable, and non-economic losses like mental anguish.

• Who Can File a Claim: Only direct relations including spouses, children (biological or adopted), parents of unmarried children can file a wrongful death claim under Illinois state law.

One crucial factor every potential claimant must keep in mind is ‘The Statute of Limitations.’ You have exactly two years from the date of your loved one’s passing to file a wrongful death lawsuit in Illinois. Missing this timeline potentially forfeits your ability to seek justice through legal means.

At Carlson Bier, we understand that no amount of monetary compensation can truly alleviate your pain or replace your lost loved one. However, ensuring fair financial restitution will help mitigate some burdens borne out of these unfortunate events – like hospital bills or funeral expenses – letting you focus on healing.

Our attorney team at Carlson Bier has extensive experience navigating deep-rooted complexities within personal injury lawsuits, especially wrongful death cases. Not only do we possess the required legal acumen, but our team’s compassionate outlook fosters an understanding environment in which you feel heard and supported. Working alongside us means being able to trust that your case will be handled with utmost care, ensuring justice for your departed loved one.

When dealing with an unfortunate incident involving personal injury or worse yet – a wrongful death – remember you are not alone. The responsibility does not lie on your shoulders to navigate these complicated legal processes single-handedly during this challenging time. Reach out to law firms like Carlson Bier that specialize in such cases and understand the intricacies of Illinois state laws pertaining to wrongful deaths.

We offer professional advice tailor-made specifically towards personal injury, seeking restitution for victims’ families in their darkest hour. Engaging our services goes beyond having aggressive attorneys fighting for your cause; it ensures emotional support coupled with comprehensive strategy planning tailored exclusively to your individual case nuances.

Not sure what compensation bracket your unique situation falls under? It may seem overwhelming, determining how much could potentially be claimed through a lawsuit. However, rest assured that Carlson Bier’s dedicated attorneys will help guide you throughout each stage of litigation while keeping a keen eye on securing maximum potential damages.

Multiple parameters come into play when calculating exact figures: loss of earning capacity due to premature death, pain, suffering endured before passing away, medical costs incurred prior-to passing among others— all subtly influencing the final settlement amount.

Carlson Bier invites clients who seek advice in such matters – free from any obligation – clicking on the button below lets you find just how much worth is attached to your unique case based on circumstantial specifics without committing further actions until you’re comfortable proceeding forward.

Explore what options lay ahead with expert guidance providing clarity over complex litigation procedures at no initial cost.

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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 Crescent City

Areas of Practice in Crescent City

Cycling Collisions

Dedicated to legal advocacy for persons injured in bicycle accidents due to others' carelessness or risky conditions.

Thermal Injuries

Offering skilled legal support for patients of serious burn injuries caused by incidents or recklessness.

Physician Carelessness

Providing professional legal representation for patients affected by clinical malpractice, including medication mistakes.

Items Responsibility

Handling cases involving dangerous products, offering professional legal guidance to clients affected by faulty goods.

Aged Misconduct

Representing the rights of the elderly who have been subjected to misconduct in aged care environments, ensuring justice.

Fall & Tumble Accidents

Professional in tackling fall and trip accident cases, providing legal support to victims seeking redress for their losses.

Neonatal Damages

Extending legal guidance for families affected by medical carelessness resulting in neonatal injuries.

Automobile Accidents

Crashes: Devoted to helping patients of car accidents receive fair recompense for damages and losses.

Motorbike Crashes

Dedicated to providing legal support for individuals involved in bike accidents, ensuring rightful claims for harm.

18-Wheeler Collision

Providing adept legal representation for persons involved in lorry accidents, focusing on securing appropriate recovery for harms.

Building Site Crashes

Focused on supporting employees or bystanders injured in construction site accidents due to negligence or negligence.

Brain Impairments

Specializing in offering specialized legal representation for victims suffering from cognitive injuries due to negligence.

Dog Bite Wounds

Skilled in managing cases for individuals who have suffered wounds from puppy bites or animal attacks.

Jogger Incidents

Expert in legal support for foot-travelers involved in accidents, providing professional services for recovering recovery.

Unfair Loss

Working for families affected by a wrongful death, extending empathetic and expert legal assistance to ensure justice.

Neural Impairment

Expert in representing clients with spine impairments, offering compassionate legal services to secure redress.

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