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Wrongful Death Attorney in Ashley

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About Carlson Bier Associates

Wrongful death is a painfully distressing incident, leaving loved ones grappling with tangled issues. At this emotionally charged juncture, the highly skilled attorneys at Carlson Bier step in to provide expert legal guidance and staunch representation. Our core strength lies in our rich experience handling wrongful death lawsuits across Illinois – including Ashley – thereby ensuring that family members receive fair justice for their calamitous loss. We believe negligent parties should be held accountable for their actions. The committed team at Carlson Bier digs deep into each case they take on, employing rigorous investigation protocols to uncover critical evidence. Our strategic approach ensures that we secure maximum compensation for surviving family members impacted by the tragic event of wrongful death. Programmed to fight tooth and nail for your rights , we bring closure while helping you navigate through the maze of complex legalities inherent in such cases . Choose Carlson Bier – see how success feels when it meets empathy from a trustworthy advocate navigating life’s most distressing detours caused by wrongful deaths.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Ashley Illinois

At Carlson Bier, we specialize in personal injury law and are particularly adept at handling cases involving wrongful death. As an Illinois-based legal firm, it is integral to us that you understand what wrongful death entails. The scope of our job goes beyond the courtrooms; part of our mission is to educate you about your rights and possibilities under state legislation.

Wrongful death refers to a situation where the negligence or deliberate action of a person causes the loss of life of another. This could mean anything from improper handling during medical procedures leading to fatalities, over-speeding causing fatal road accidents, or flawed products contributing to deaths.

• The key element in a wrongful death case is proving negligence lastingly.

• A breached duty must have direct links with the death

• Undeniably demonstrate that the individual filed against had an obligation towards the victim

• Tangible evidence should be presented for financial compensation

Often times, determining liability requires comprehensive knowledge and expertise in understanding levels of carelessness. At Carlson Bier, it’s our utmost priority to critically analyze these facts effectively as they hold high significance while dealing with wrongful death claims.

Illinois law makes sure justice can be sought by those left behind after such devastating events. Those eligible include immediate family members like spouses, children or parents but also siblings and even companions who were financially dependent upon the deceased.

Keep in mind that wrongful death claims are subject to statutes of limitations – meaning there’s a limited window within which such claims may be pursued so timing becomes crucial too. If successful in establishing liability and winning a claim based on said proof, significant benefits await clients:

• Reimbursement for Funeral Bills

• Compensation related reimbursement for Medical Treatment Expenses

• Monetary value prescribed for emotional suffering faced due apparent sorrow

• Prescribed maintenance allowances computed for providing solace anticipating future earnings

Despite navigation through legal channels appearing straightforward theoretically speaking, putting this into practice can undeniably prove challenging. Our experienced attorneys focus on the difficult details during these sensitive times, focusing upon fortifying every aspect of your case enabling you to continue healing.

At Carlson Bier, we value resilience and understand how taxing such occurrences can be for those involved – emotionally as well as financially. Not every personal injury law firm understands wrongful death matters or possess this unique combination of passion, compassion profession blend which is deep-rooted within our team.

Our commitment at Carlson Bier extends way beyond the mere provision of legal services. It’s about painting a robust picture that allows drawing better conclusions relating to each unique situation thus crafting personalized strategies for all clients we represent.

As an esteemed client deserving nothing short of excellence from us, we make it our priority to stay by your side along this challenging unique journey involving a wrongful death suit until justice stands served in its entirety.

Possessing questions concerning a specific case? Desiring professional insight before deciding what direction might serve best interests ahead? We concocted just what’s necessary below granting easy access towards obtaining no obligation consultation directly with us verifying potential claim estimates free from charge. Click this button below to discover for yourself how much your case might fetch – It’s absolutely risk-free!

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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 Ashley

Areas of Practice in Ashley

Cycling Crashes

Specializing in legal services for clients injured in bicycle accidents due to other parties' carelessness or unsafe conditions.

Flame Burns

Providing expert legal assistance for sufferers of severe burn injuries caused by accidents or negligence.

Healthcare Carelessness

Extending expert legal advice for persons affected by healthcare malpractice, including negligent care.

Goods Accountability

Handling cases involving problematic products, offering adept legal guidance to clients affected by harmful products.

Geriatric Neglect

Protecting the rights of nursing home residents who have been subjected to abuse in nursing homes environments, ensuring protection.

Stumble & Slip Occurrences

Expert in managing fall and trip accident cases, providing legal assistance to sufferers seeking recovery for their injuries.

Infant Harms

Extending legal support for kin affected by medical negligence resulting in newborn injuries.

Motor Crashes

Crashes: Devoted to assisting patients of car accidents secure reasonable recompense for wounds and impairment.

Two-Wheeler Accidents

Committed to providing legal assistance for motorcyclists involved in motorbike accidents, ensuring fair compensation for damages.

Trucking Accident

Offering adept legal support for individuals involved in big rig accidents, focusing on securing appropriate recompense for losses.

Building Site Mishaps

Committed to defending laborers or bystanders injured in construction site accidents due to negligence or recklessness.

Cognitive Traumas

Committed to ensuring compassionate legal assistance for patients suffering from cerebral injuries due to carelessness.

Dog Bite Injuries

Proficient in dealing with cases for persons who have suffered injuries from dog bites or beast attacks.

Pedestrian Mishaps

Expert in legal representation for foot-travelers involved in accidents, providing comprehensive support for recovering recovery.

Undeserved Death

Advocating for bereaved affected by a wrongful death, extending caring and adept legal assistance to ensure fairness.

Spinal Cord Harm

Expert in assisting individuals with spinal cord injuries, 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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