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Wrongful Death Attorney in Alexis

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About Carlson Bier Associates

When dealing with the aftermath of a loved one’s wrongful death, Carlson Bier is your trusted advocate in Alexis. The law firm excels in these difficult cases by providing compassionate and aggressive legal representation tailored to each client’s unique situation. Ensuring that justice is served for loss due to negligence or intentional harm lies at the core of their mission. They have vast experience, including success against powerful opponents; this forms a rock-solid foundation upon which clients can put their trust and confidence. Every step of the way, from requesting necessary documents to preparing you for deposition testimony, they are fully committed to helping you win your case. If court appearances are threatening your peace during this painful juncture, rest assured that Carlson Bier will stand up for your rights relentlessly because they understand the high stakes involved personally and financially in wrongful death claims proceedings. Inexpertly navigating through this troubling time alone could yield unfavorable results: ensure fair compensation by partnering with Carlson Bier – established experts who staunchly believes every victim deserves proper recompense.

About Carlson Bier

Wrongful Death Lawyers in Alexis Illinois

At Carlson Bier, we specialize in the practice area of personal injury law, lending our extensive expertise to individuals affected by wrongful death incidents. Wrongful death is a tragic circumstance where an individual loses their life due to the negligence or intentional harm of another party. In this complex and emotionally charged realm of law, it’s crucial that you understand what wrongful death entails and your legal rights and options.

A wrongful death claim can be filed when an individual dies as a result of someone else’s negligent behavior or direct actions with harmful intent. This broad definition encompasses various cases: mishaps such as car accidents caused by reckless drivers, medical malpractice where health professionals fail to deliver standard care, work-related fatalities owing to unsafe conditions, or even deaths resulting from violent crimes.

The element that defines these diverse situations under one category is straightforward: someone’s negligent act or blatant misconduct resulted directly in another person’s untimely demise. Establishing this causation is paramount for a successful wrongful death lawsuit; you must prove beyond a reasonable doubt that the defendant’s actions (or lack thereof) were instrumental in causing the unfortunate event.

Key elements that constitute a solid foundation for any wrongful death lawsuit include:

• Clear demonstration that the accused behaved negligently.

• Convincingly arguing how such negligence led directly to the victim’s passing.

• Proof of damages suffered by survivors, monetarily and emotionally.

IBC also emphasizes on understanding who exactly can file these claims. Legal right varies based on familial relationships and state laws – typically immediate family members like spouses, children or parents are eligible but certain states extend this right to extended family too.

One key point often overlooked pertains to “Damages.” Damages equates to restitution for concrete financial losses like funeral costs, lost income potentials plus intangible damage compensation such as pain & suffering endured before passing away. Your attorney works diligently considering all aspects ensuring nothing goes unmissed while filing your claim.

Partnering with an experienced personal injury attorney during such harrowing times can prove invaluable, providing the requisite legal expertise while allowing you space to grieve and heal. At Carlson Bier, our empathetic team understands the emotional implications of a wrongful death lawsuit and lends a supportive hand through your legal journey.

Navigating these waters alone could be daunting since Illinois’s statute of limitations sets a time limit within which one must initiate their case, generally within two years from date of death. Nonetheless, exceptions set herein due to specific circumstances is not uncommon. Once this period elapses, it becomes challenging to pursue a claim. Therefore it’s advisable to seek immediate professional legal counsel — they ensure you comprehend these intricacies fully alongside managing complex negotiations on your behalf.

Your pathway towards rightful compensation for your loss may have still unchartered territories. We invite you to unlock understanding more about possible avenues that potentially lead towards just recourse in these extremely tough times via clicking the button below. Let Carlson Bier aid in navigating what lies ahead – assess legal potentialities by uncovering how much value might be attributed to your individual case today.

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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 Alexis

Areas of Practice in Alexis

Pedal Cycle Mishaps

Specializing in legal support for persons injured in bicycle accidents due to negligent parties' lack of care or perilous conditions.

Flame Injuries

Giving adept legal services for individuals of intense burn injuries caused by incidents or misconduct.

Clinical Malpractice

Delivering experienced legal services for persons affected by physician malpractice, including negligent care.

Items Obligation

Taking on cases involving defective products, delivering adept legal services to consumers affected by defective items.

Elder Misconduct

Advocating for the rights of the elderly who have been subjected to neglect in aged care environments, ensuring fairness.

Slip and Slip Occurrences

Adept in tackling fall and trip accident cases, providing legal services to persons seeking redress for their suffering.

Birth Harms

Extending legal help for relatives affected by medical malpractice resulting in birth injuries.

Motor Incidents

Crashes: Focused on aiding clients of car accidents get just remuneration for damages and losses.

Motorcycle Collisions

Expert in providing legal support for individuals involved in bike accidents, ensuring adequate recompense for injuries.

Big Rig Mishap

Delivering expert legal services for clients involved in lorry accidents, focusing on securing adequate claims for damages.

Construction Collisions

Focused on assisting employees or bystanders injured in construction site accidents due to safety violations or carelessness.

Cognitive Traumas

Specializing in delivering compassionate legal assistance for patients suffering from brain injuries due to accidents.

Dog Attack Damages

Adept at addressing cases for victims who have suffered traumas from dog bites or animal assaults.

Foot-traveler Mishaps

Dedicated to legal representation for cross-walkers involved in accidents, providing effective representation for recovering restitution.

Wrongful Death

Fighting for loved ones affected by a wrongful death, providing understanding and skilled legal support to ensure compensation.

Spinal Cord Damage

Focused on assisting victims with vertebral damage, offering dedicated legal guidance to secure justice.

Contact Us Today if you need a Person Injury Lawyer