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Wrongful Death Attorney in Abingdon

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About Carlson Bier Associates

When facing the unimaginable pain and upheaval caused by wrongful death, you need a legal team with unparalleled experience and compassion. You deserve Carlson Bier, your first choice for personalized guidance through these complex cases. As Wrongful Death attorneys firmly rooted in Illinois law practices, their unperturbed commitment is to help families across Abingdon navigate the challenging claims process. They possess an exemplary record of securing rightful compensation that family members are due after tragic loss resulting from negligence or recklessness. Fierce champions of justice who understand the nuances specific to Abingdon’s jurisdictional rules; they work tirelessly to protect your interests while offering compassionate support every step of the way. The evident track record dominantly speaks about successfully advocating for several families on numerous wrongful death lawsuits solidifying their leadership as top-tier lawyers in this specialization. Draw from Carlson Bier’s wealth of expertise gained over decades in litigation and negotiations – rest assured that you’re not just hiring any lawyer but engaging a strategic partner committed wholeheartedly towards seeking justice for lost loved ones.

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About Carlson Bier

Wrongful Death Lawyers in Abingdon Illinois

At Carlson Bier, we fully understand the profound grief and devastation that comes with losing a loved one due to another individual’s negligence or wrongful conduct. As personal injury attorneys based in Illinois, our team specializes in handling complex Wrongful Death cases. Losing a member of your family is a harrowing ordeal, but when someone else’s actions lead to their untimely death, it adds an additional layer of heartbreak. That’s where Carlson Bier steps in.

At its core, a ‘Wrongful Death’ occurs when one person dies as a result of the legal fault of another person or entity. This could be due to numerous acts such as reckless driving resulting in fatal car accidents, medical malpractice leading to severe complications with fatal results, and tragic industrial accidents caused by negligence towards safety protocols among others.

There are key aspects about Wrongful Death cases that must be understood:

• One must prove causation This implies proving beyond doubt that the defendant’s malicious act directly resulted in loss of life.

• The plaintiff has to establish pecuniary injuries which include loss of support or services, lost prospect of inheritance, and medical or funeral expenses.

• Losses are usually awarded according to fair compensation for actual economic losses incurred due to victim’s death

In undertaking these intricate processes wherein every detail counts towards seeking justice for your lost loved ones substantial expertise is required every step of the way At Carlson Bier patient guidance throughout this challenging time paired with aggressive courtroom representation form our foundational approach In offering such tailored service we flexibly mold our strategies according to each client profile s unique needs

Moreover it’s important you know that under Illinois law Wrongful Deaths have differing statute limitations The typical timeframe within which you can file ranges from 1-2 years depending on case specifics This emphasizes how crucial immediate action becomes when thinking about filing a claim

The concept itself – faced with having to navigate dense legalese during times steeped so deeply in personal grief – can be daunting We at Carlson Bier understand this Hence along with our thorough legal guidance for our clients we also provide compassionate support throughout the process The journey towards justice is not only about dotting I’s and crossing T’s but also about offering a comforting professional relationship that drives your case to its rightful closure

At Carlson Bier, our unwavering commitment always lies with you as we relentlessly work towards alleviating some of the financial burden by representing your interests in securing fair compensation Underlying every interaction with us is the assurance of professionalism, expert advice, and utmost sympathy.

We extend an invite to each person needing assistance on such matters – click the button below to find out what your case might potentially be worth There is value – both monetary and symbolic – in pursuing justice To discover how much yours might come together let’s tell us more about your unique situation Remember even if one cannot bring back loved ones holding those responsible accountable can serve as a sturdy step towards healing Let Carlson Bier guide you through this painful yet necessary procession towards justice As our motto goes “Compassion Driven Results” are what we strive for Let’s march forth on this path together

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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 Abingdon

Areas of Practice in Abingdon

Bike Accidents

Dedicated to legal representation for individuals injured in bicycle accidents due to others's negligence or hazardous conditions.

Thermal Injuries

Offering adept legal help for people of major burn injuries caused by mishaps or misconduct.

Hospital Incompetence

Offering experienced legal assistance for clients affected by clinical malpractice, including negligent care.

Items Accountability

Taking on cases involving dangerous products, providing adept legal support to victims affected by defective items.

Elder Misconduct

Supporting the rights of the elderly who have been subjected to mistreatment in care facilities environments, ensuring justice.

Trip and Slip Incidents

Specialist in tackling trip accident cases, providing legal services to sufferers seeking compensation for their losses.

Newborn Wounds

Supplying legal guidance for loved ones affected by medical carelessness resulting in newborn injuries.

Car Incidents

Collisions: Focused on guiding clients of car accidents obtain just payout for damages and destruction.

Scooter Incidents

Specializing in providing legal advice for individuals involved in motorcycle accidents, ensuring just recovery for losses.

Semi Accident

Ensuring specialist legal assistance for victims involved in lorry accidents, focusing on securing rightful recompense for harms.

Worksite Collisions

Focused on supporting laborers or bystanders injured in construction site accidents due to safety violations or carelessness.

Cognitive Harms

Committed to offering professional legal services for individuals suffering from cerebral injuries due to carelessness.

Dog Bite Harms

Expertise in handling cases for persons who have suffered damages from dog bites or creature assaults.

Cross-walker Crashes

Specializing in legal advocacy for pedestrians involved in accidents, providing expert advice for recovering damages.

Unwarranted Fatality

Standing up for loved ones affected by a wrongful death, delivering understanding and skilled legal services to ensure compensation.

Spine Harm

Committed to representing persons with paralysis, offering professional legal assistance 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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