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Wrongful Death Attorney in Amity

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About Carlson Bier Associates

When seeking justice for a loved one’s wrongful death in Amity, it is crucial to engage with competent lawyers who deeply understand the nuances of such complex cases. The team at Carlson Bier provides unrivaled expertise in wrongful death claims, championing your cause and ensuring optimal outcomes. Our long-standing history serving Illinois, coupled with a robust arsenal of legal knowledge and resources puts us squarely as your best option for rightfully addressing this tragic scenario. As wrongful death attorneys, we empathize with the loss you have experienced -we comprehend that no compensation can ever replace what’s lost – yet strives relentlessly towards securing financial security for survivors to help bear future challenges brought about by their sudden upheaval. We help navigate through intricate legal processes promptly seeking out any potential negligence or liability responsibly attached to the unfortunate incident. Across our tenure, we’ve repeatedly hoisted clients from despair into hope by offering consistent emotional support while exuding professional competence that speaks volumes about our credibility and testament to integrity as representatives within this area of law practice- Trust Carlson Bier; because finding fault necessitates finesse.

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About Carlson Bier

Wrongful Death Lawyers in Amity Illinois

At Carlson Bier, we understand that the loss of a loved one is an exceptionally heartbreaking experience. When this unfortunate event occurs as a result of negligence, misconduct or inaction by someone else, it can compound the grief and pain, leaving survivors feeling helpless and wronged. In Illinois, such circumstances are referred to as Wrongful Death cases.

A wrongful death lawsuit seeks a legal remedy for relatives who have been left emotionally and financially impacted due to the untimely demise of their family member. It aims to hold responsible parties accountable for causing avoidable fatalities through negligence or deliberate harmful acts. This area of personal injury law provides an avenue to seek justice for your lost loved one and ensures financial stability during this tough period.

Typically, proving responsibility in a wrongful death claim hinges on certain key facets:

• Demonstration that the defendant owed a duty of care to the decedent

• Evidence showing breach of said duty

• Causality linking the breach of duty directly led to the decedent’s death

• Proof that damages resulted from that death

While it could be challenging navigating these stages without professional help; our skilled attorneys at Carlson Bier sweep in with vast knowledge and commitment assisting you every step.

It is crucial to note that there exists a specific timeframe – known legally as ‘Statute Of Limitations’ – within which a wrongful death lawsuit should get filed. In Illinois, this generally extends up two years from the date when cigarette smoking related deaths occur, or one year from when other forms of accidental fatality proceedingly happen thereafter. The timing may seem extensive but remember gathering sufficient evidence takes time hence worth initiating early action.

Illinois law allows specific beneficiaries eligible for compensation after establishing liability in wrongful death lawsuits:

• Surviving spouse

• Immediate family members – children or parents if there’s no surviving spouse/children

• Adopted children & siblings

Compensation can cover a broad range including:

• Burial and funeral expenses

• Loss of consortium/companionship

• Grief, sorrow & mental suffering

• Lost income and benefits

At Carlson Bier, we strive to ensure each claim we handle maximally receives the due recovery it deserves. Although no monetary compensation can make up for your tragic loss, it helps manage costs incurred during these hard times.

Additionally, our law firm adheres strictly to ethical practices expected by Illinois Law Society. Respecting the law signifies that our jurisdiction does not extend beyond areas where our physical offices are established. The same applies solidly in advertising; thus please be aware that any claims suggesting presence in locations other than places we operate from is prohibited by law.

If you or someone close has unfortunately been touched by a wrongful death situation within Illinois closely, turn to Carlson Bier’s team of experienced personal injury attorneys for legal guidance through this challenging time. Our expert lawyers are trained to diligently work on your case with compassion while pursuing accountability and justice for your loved one diligently.

In conclusion , time plays an integral role in securing compensation . Corporations and insurance companies are usually prepared to defend against such claims ; thus , having a seasoned attorney increases the chance of gaining rightful recompense .

Your healing journey starts today! Click on the link below to find out how much your case could potentially be worth. There’s no greater satisfaction than seeing a family well taken care off post- tragedic events . Let us help reclaim what is justly yours – bring back hope and stability into these unexpected turns life brings forth … because at Carlson Bier, YOU matter.

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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 Amity

Areas of Practice in Amity

Bicycle Mishaps

Specializing in legal representation for persons injured in bicycle accidents due to other parties' carelessness or hazardous conditions.

Fire Injuries

Extending adept legal support for patients of severe burn injuries caused by accidents or recklessness.

Healthcare Incompetence

Extending dedicated legal services for persons affected by clinical malpractice, including surgical errors.

Merchandise Liability

Managing cases involving defective products, offering expert legal help to individuals affected by defective items.

Geriatric Misconduct

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

Trip and Slip Mishaps

Skilled in dealing with stumble accident cases, providing legal advice to persons seeking restitution for their injuries.

Childbirth Harms

Providing legal assistance for kin affected by medical carelessness resulting in infant injuries.

Car Accidents

Mishaps: Concentrated on guiding victims of car accidents get fair compensation for harms and impairment.

Bike Collisions

Committed to providing legal services for motorcyclists involved in motorbike accidents, ensuring adequate recompense for harm.

Truck Mishap

Extending professional legal assistance for drivers involved in trucking accidents, focusing on securing just compensation for harms.

Construction Site Incidents

Focused on assisting employees or bystanders injured in construction site accidents due to oversights or irresponsibility.

Cerebral Damages

Specializing in providing specialized legal services for individuals suffering from head injuries due to accidents.

Dog Attack Traumas

Specialized in tackling cases for individuals who have suffered traumas from dog bites or beast attacks.

Pedestrian Incidents

Expert in legal services for pedestrians involved in accidents, providing dedicated assistance for recovering damages.

Unjust Death

Advocating for relatives affected by a wrongful death, delivering understanding and experienced legal guidance to ensure redress.

Vertebral Impairment

Focused on advocating for clients with backbone trauma, offering expert legal guidance 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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