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Wrongful Death Attorney in Altona

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About Carlson Bier Associates

At Carlson Bier, we empathize with the profound grief and sense of injustice you may be experiencing following a wrongful death. Our seasoned Wrongful Death lawyers dedicate their skills and resources to ensure justice is served for those tragically bereaved in Altona. Trusting Carlson Bier means prioritizing experience; our team has an unbeaten track record of securing favorable compensation for affected families, thus developing a reputation unrivaled throughout Illinois. We marshall sturdy evidence meticulously to construct compelling cases that hold responsible parties accountable. Furthermore, we exist to alleviate your distress during these trying times by offering personalized service tailored specifically to each client’s needs – every case matters deeply as it pertains to human life and dignity lost prematurely due to negligence or misconduct validated legally under “wrongful-death.” At Carlson Bier, compassionate representation goes beyond mere legal proceedings – it’s about supporting community members in Altona during phases when they need us most.

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Wrongful Death Lawyers in Altona Illinois

At Carlson Bier, we understand the traumatic and life-changing effects that a wrongful death can exact on a family. This legal term refers to situations where someone succumbs to injuries caused by another person’s negligence or harmful act. When such unfortunate…and irreplaceable losses occur, Illinois law permits the deceased person’s nearest relatives –- often spouses, children, or parents –- to seek justice on behalf of their loved one.

A wrongful death claim is neither a criminal case nor about sending anyone to jail but rather concerns holding the negligent party financially accountable for your loss. Such claims become imperative as they help families deal with financial burdens resulting from medical bills, funeral expenses, lost income among other costs resulting from the victim’s premature passing. In principle, these cases aim at making survivors ‘whole’ again; although no amount of money can truly compensate for your loss.

At the heart of every successful wrongful death claim lie four key elements:

• Proof that the defendant owed a duty of care towards the deceased

• Establishing that this duty was breached by defendant’s action or inaction

• Demonstrating clear causation linking the breach and harm inflicted

• Evidence of tangible damages equating to monetary compensation

The responsibility of proving these falls squarely on plaintiff’s shoulders – which explains why having experienced personal injury attorneys like ours at Carlson Bier becomes critical in navigating through these complex requirements successfully.

Wrongful deaths may arise from various incidents including car accidents, medical malpractice, nursing home abuse or neglect – scenarios horrifyingly prevalent today despite our societal advancements. At Carlson Bier we have representation experience spanning all types of wrongful death causes providing us unique ability in formulating strategic approaches needed in different cases.

It may seem daunting pursuing compensation while grappling with grief; however delaying could risk losing crucial evidence or even worse falling outside statute limitations applicable under Illinois Law – which states filing should be carried out within two years post demise.

In terms of reward, the Illinois legal system categorizes damages into two significant bundles: Economic and Non-Economic. The former involves quantifiable losses like medical bills, lost wages or benefits; the latter refers to intangible damages notably loss of companionship, mental anguish and suffering that surviving family members undergo due to their loved ones’ premature death.

Navigating this challenging journey may seem overwhelming, but you do not have to face it alone. Our empathetic and proficient team at Carlson Bier is prepared to guide you every step of the way by offering invaluable advice tailored specifically for your unique situation. We endeavor in lifting as much burden off your shoulders as we can during these trying times.

The fight for justice after losing a loved one requires strength, determination, and proficient legal representation. At Carlson Bier we combine compassion with boldness when standing next to our clients in court ensuring their voices are heard loud and clear across.

Take a leap towards finding closure today by allowing us bring those responsible for robbing you of your loved one far before their appointed time…to justice! Click on the button below now and get an instant evaluation revealing what your wrongful death case could potentially be worth – absolutely free! Remember there’s no obligation nor any fees unless we win. Let’s together transform this sorrowful moment into a positive turning point marking start of new beginnings through justice served rightfully.

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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 Altona

Areas of Practice in Altona

Pedal Cycle Accidents

Proficient in legal support for persons injured in bicycle accidents due to others's recklessness or perilous conditions.

Flame Burns

Supplying skilled legal advice for people of serious burn injuries caused by occurrences or indifference.

Clinical Negligence

Extending expert legal support for individuals affected by healthcare malpractice, including misdiagnosis.

Merchandise Fault

Managing cases involving problematic products, delivering skilled legal help to customers affected by defective items.

Aged Malpractice

Supporting the rights of aged individuals who have been subjected to malpractice in senior centers environments, ensuring fairness.

Fall & Trip Mishaps

Expert in handling tumble accident cases, providing legal support to clients seeking restitution for their damages.

Newborn Wounds

Offering legal guidance for loved ones affected by medical carelessness resulting in neonatal injuries.

Motor Mishaps

Crashes: Concentrated on helping individuals of car accidents secure fair recompense for wounds and losses.

Two-Wheeler Crashes

Focused on providing legal assistance for bikers involved in bike accidents, ensuring fair compensation for harm.

Truck Incident

Offering professional legal advice for victims involved in truck accidents, focusing on securing appropriate compensation for hurts.

Building Site Collisions

Dedicated to supporting workers or bystanders injured in construction site accidents due to oversights or negligence.

Brain Harms

Committed to extending compassionate legal assistance for patients suffering from cerebral injuries due to accidents.

Dog Bite Harms

Adept at managing cases for victims who have suffered damages from K9 assaults or wildlife encounters.

Pedestrian Accidents

Committed to legal assistance for joggers involved in accidents, providing professional services for recovering recovery.

Unwarranted Demise

Advocating for relatives affected by a wrongful death, offering caring and experienced legal services to ensure redress.

Vertebral Trauma

Focused on representing persons with vertebral damage, offering dedicated legal support to secure compensation.

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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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