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Wrongful Death Attorney in Ashland

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About Carlson Bier Associates

In the aftermath of a tragic, unexpected loss, families often find themselves in the throes of grief and confusion. During such trying times, you will need an ally like Carlson Bier who can guide you with compassion and legal expertise through Illinois’ complex wrongful death laws. A wrongful death claim is more than just a lawsuit; it’s a way to secure your family’s financial future while seeking justice for your loved one. Our attorneys have dedicated their careers to helping individuals and families navigate legal hurdles during traumatic times — we’re here to uphold your rights every step of the way. Known as stalwarts in personal injury law with profound courtroom experience across Illinois, our dedication ensures that each client receives unparalleled understanding, meticulous attention-to-detail and creative solutions necessary for success in wrongful death cases. In selecting Carlson Bier as your trusted advocates amid life-altering circumstances caused by unforeseen disasters or negligence – remember that we honor our commitment not only by leading you towards rightful compensation but also ensuring closure on this heartbreaking chapter of life.

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Wrongful Death Lawyers in Ashland Illinois

At Carlson Bier, we specialize in personal injury law with a focused expertise in Wrongful Death claims. Our commitment is to provide you not only with vital legal assistance but also with valuable information on the subject matter. This understanding can help empower you through what may be one of your most challenging times.

Wrongful death is a legal term referring to situations where an individual’s death was caused by another person or entity’s negligence or deliberate action. In these instances, loved ones of the deceased are legally entitled to file a wrongful death lawsuit seeking compensation for damages such as loss of companionship, emotional distress and financial burdens incurred due to the untimely passing?

In Illinois, there are specific criteria that need to be met when filing a wrongful death claim. Understanding these crucial points can play a pivotal role in your case:

– Proof of Negligence: Demonstrating that the death occurred due to negligence, recklessness or deliberate misconduct.

– Valid Relationship: The plaintiff must prove they had a significant relationship with the decedent such as being their spouse, child, parent or dependent.

– Financial Loss: Evidence must exist showing that monetary hardship has resulted from this untimely passing.

– Appointment of Personal Representative: For your claim to commence effectively, an executor or administrator for your loved one’s estate should be appropriately selected and appointed.

Illinois law demands specific eligibility criteria concerning who can file these kinds of claims. Generally speaking though, immediate family members like spouses or children are usually eligible to sue if negligence led their loved one’s demise.

The damages recovered from wrongful death lawsuits typically fall into two main categories – economic and non-economic damages – each bearing its peculiarities;

Economic Damages: These compensate for quantifiable financial losses directly associated with the premature death (loss of earnings/inheritance).

Non-Economic Damages: A more subjective category covering aspects like mental anguish and pain & suffering endured by survivors due to their loved one’s demise.

Statute of Limitations law in Illinois specifies a time-limit within which a wrongful death lawsuit must be filed. Typically, you’re granted two years from the date of death to lodge your claim—a critical point to note as claims may be rejected post this timeframe.

Navigating through the complexities of filing a wrongful death lawsuit is inherently challenging and emotionally taxing. With proficient legal aid on your side, it becomes significantly more manageable for you to secure fair justice and compensation deserving to your pain and loss.

As personal injury attorneys at Carlson Bier, we approach each case with sensitivity, compassion and an unwavering commitment to securing the compensation our clients merit. Leveraging our extensive knowledge, experience and understands the nuances embedded in Illinois’ tort laws -we recognize that every case holds unique aspects demanding bespoke strategies for successful resolution.

With us working tirelessly on your behalf, you get an invaluable ally who is steadfastly committed to ensuring that those responsible for causing such profound grief are held accountable according to law’s fullest extent.

Amidst the pain of losing a loved one prematurely due to someone else’s negligence or misconduct—a wrongful death attorney can serve as a stalwart advocate phasing through myriad legal procedures diligently while allowing you sufficient emotional space required during these trying times.

At Carlson Bier, we emphasize integrity combined with aggressive advocacy aimed at achieving optimal results – so your story is heard convincingly across appropriate platforms leading towards justified restitution. Our personalized services cover end-to-end needs right from wrongful death litigation assessments up until comprehensive courtroom representations should any need arise.

Overwhelmed by intricacies around the wrongful lawsuit filing? Uncertain about quantifying exact damages for comprehensive compensation? Click on our “case calculator” button below—providing valuable insights about potential worth of their cases derived from meticulous data analysis plotted against several vital benchmark parameters used commonly across personal injury lawsuits spectrum in Illinois –a tool helping understand what statutory entitlements might look like in real figures.

Remember, Carlson Bier is here to not just offer professional legal advice —we are committed to providing you with valuable information equipping you with both knowledge and reassurance as you navigate this challenging process. Click below now—a new level of understanding awaits.

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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 Ashland

Areas of Practice in Ashland

Two-Wheeler Accidents

Specializing in legal services for persons injured in bicycle accidents due to others' indifference or risky conditions.

Fire Wounds

Offering specialist legal support for victims of serious burn injuries caused by mishaps or misconduct.

Clinical Misconduct

Providing professional legal representation for victims affected by hospital malpractice, including surgical errors.

Goods Liability

Taking on cases involving defective products, extending skilled legal services to clients affected by product-related injuries.

Elder Neglect

Protecting the rights of aged individuals who have been subjected to abuse in aged care environments, ensuring protection.

Stumble & Slip Occurrences

Adept in managing tumble accident cases, providing legal assistance to sufferers seeking recovery for their harm.

Neonatal Injuries

Supplying legal support for families affected by medical incompetence resulting in birth injuries.

Motor Crashes

Collisions: Focused on helping victims of car accidents get just remuneration for damages and damages.

Bike Incidents

Focused on providing legal support for bikers involved in motorbike accidents, ensuring just recovery for traumas.

Truck Incident

Providing adept legal support for clients involved in truck accidents, focusing on securing rightful settlement for injuries.

Building Site Collisions

Dedicated to supporting workmen or bystanders injured in construction site accidents due to carelessness or negligence.

Cognitive Traumas

Expert in delivering expert legal assistance for clients suffering from cerebral injuries due to accidents.

Canine Attack Harms

Specialized in managing cases for persons who have suffered damages from dog bites or animal assaults.

Cross-walker Mishaps

Committed to legal assistance for cross-walkers involved in accidents, providing professional services for recovering recovery.

Unwarranted Passing

Advocating for grieving parties affected by a wrongful death, providing sensitive and professional legal assistance to ensure redress.

Spine Impairment

Focused on defending patients with paralysis, offering dedicated legal assistance 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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