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Wrongful Death Attorney in Albany

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About Carlson Bier Associates

Carlson Bier, a premier personal injury law firm, focuses on securing justice for victims of wrongful death. We are dedicated to guiding Albany families through harrowing times with compassion and legal prowess. With our unparalleled knowledge and unmatched experience in this field, we comprehend the magnitude of grief caused by wrongful loss; hence we strive relentlessly to alleviate your financial burdens and help secure closure. Our lawyers at Carlson Bier meticulously analyze every detail of your case to build robust lawsuits capable of delivering favorable outcomes – both inside or outside the courtrooms if necessary. Navigating such terrene is daunting without proper assistance; allow us to shoulder that burden while you focus on healing – emotionally & physically during these trying times! Standing as staunch supporters during unfair losses mandates fierce determination, scholastic excellence combined with empathetic endurance- attributes perfectly embodied by each member at Carlson Bier. Pursuing truth relentlessly till justice is secured beings solace: Choose us for your fight against wrongful death.

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About Carlson Bier

Wrongful Death Lawyers in Albany Illinois

At Carlson Bier, we understand the pronounced pain and suffering that accompanies the loss of a loved one on account of wrongful death. Based in Illinois, our personal injury attorneys are committed to delivering justice and rightful compensation for survivors grieving this profound tragedy. Wrongful death occurs when an individual dies due to another’s negligence, acts of recklessness or intentional harm. It might encompass circumstances like medical malpractice, work-related accidents; fatal car crashes or any scenario where culpable actions caused a fatality.

Navigating through the intricacies of these fatalities is challenging without legal expertise. Our wrongful death lawyers at Carlson Bier can help you comprehend critical concepts concerning this field:

• The Illinois law dictates who can file a wrongful death claim – typically immediate family members such as spouses, children or parents.

• Emotional distress alone does not substantiate grounds for a lawsuit unless it is directly linked to physical harm caused by negligent infliction.

• Time counts! Illinois mandates that lawsuits must be filed within two years from the date of death known as the statute of limitations.

Damages awarded in wrongful deaths can vary highlighting matters like funeral expenses; anticipated lifetime financial contributions; emotional trauma endured by family members and loss of consortium – essentially companionship and domestic obligations catered for by the deceased. These complexities necessitate thorough comprehension before embarking on litigation measures which our dedicated team provides.

Carlson Bier orchestrate meticulous investigations collaborating with expert witnesses inclusive but not limited to engineers, pathologists, economists and reconstruction experts depending on the specifications of your case. The gravity with which we handle each case reflects our unwavering commitment towards securing rightful restitution for families during traumatic transitions in life.

How does hiring us make a difference? Personal injury claims often involve contending against corporations equipped with formidable legal teams insistent on discrediting your sufferings. At Carlson Bier our ammo packs decades’ worth industry knowledge; potent negotiation skills and steadfast litigation if required all streamlined to outmaneuver the adversity and deliver justice. Regardless of whether it’s proving your rightful claim in front of a jury or vindicating with insurance companies, our legal warriors fight tooth and nail every step of your journey.

Education forms a significant cornerstone at Carlson Bier. Irrespective of retaining our services, we deeply advocate improving awareness surrounding personal injury law. We engage clients through workshops, webinars, online blogs and other digital platforms disseminating valuable information about their rights; practices adopted in adjusting claims and measures to be implemented post an accident happens among others.

The synergy between high-quality service meets affordability comes alive at Carlson Bier. Understanding the financial apprehension that plagues many during challenging times is profoundly integrated into our policy. Hence, no consultation fees are charged until compensation has been rewarded reflecting our conviction towards liberation from injustice as the focal success parameter rather than monetary gain.

Let Carlson Bier shoulder your burden during this disconsolate time so you can focus on healing and recovery meanwhile ensuring your voice doesn’t get lost amidst complex litigation scenarios. Life might have dealt an unfair blow but missing out on due justice isn’t an option when aligned with us advocating your rightful cause.

Cadre generations have sought recourse under our capable guidance cementing enduring relationships anchored by trust; credibility and compassion transcending mere client-attorney paradigms instead fostering a holistic support system geared for life’s unfortunate contingencies – making us synonymous with wrongful death lawsuits across Illinois.

Our bottom line remains unswerving: Justice served! Compensation secured! Harmony restored!

Do not hesitate further; time is paramount when addressing wrongful death cases pertaining to Illinois regulations stipulating rigid timelines within which formalities should be processed for successful pursuits.

Click on the button below to find instant reliable answers regarding how much your case could possibly be worth effectively demystifying potential outcomes liberating you further from uncertainty gnawing away precious peace of mind. Helping victims heal through rightful remuneration remains the driving force propelling us forward etching countless success stories through tireless dedication and relentless honor. Mile by mile, step by step, we’re here to walk this arduous path along with you – Carlson Bier!

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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 Albany

Areas of Practice in Albany

Bicycle Mishaps

Specializing in legal services for people injured in bicycle accidents due to others' recklessness or perilous conditions.

Burn Burns

Offering expert legal help for people of severe burn injuries caused by incidents or negligence.

Medical Carelessness

Offering professional legal representation for patients affected by medical malpractice, including wrong treatment.

Commodities Fault

Taking on cases involving problematic products, supplying adept legal assistance to victims affected by faulty goods.

Senior Neglect

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

Slip and Fall Accidents

Specialist in addressing trip accident cases, providing legal services to persons seeking recovery for their injuries.

Newborn Wounds

Offering legal assistance for loved ones affected by medical misconduct resulting in infant injuries.

Vehicle Collisions

Crashes: Dedicated to guiding victims of car accidents secure appropriate remuneration for damages and harm.

Motorbike Collisions

Focused on providing legal services for bikers involved in scooter accidents, ensuring adequate recompense for losses.

18-Wheeler Accident

Ensuring expert legal support for drivers involved in semi accidents, focusing on securing fair settlement for losses.

Worksite Collisions

Engaged in defending laborers or bystanders injured in construction site accidents due to carelessness or misconduct.

Brain Traumas

Expert in ensuring dedicated legal representation for individuals suffering from head injuries due to carelessness.

Dog Bite Wounds

Specialized in managing cases for individuals who have suffered wounds from dog bites or wildlife encounters.

Foot-traveler Crashes

Committed to legal assistance for foot-travelers involved in accidents, providing effective representation for recovering claims.

Wrongful Passing

Striving for grieving parties affected by a wrongful death, offering sensitive and expert legal assistance to ensure fairness.

Neural Damage

Specializing in supporting patients with spine impairments, offering professional legal services 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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