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Wrongful Death Attorney in Ashmore

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About Carlson Bier Associates

Carlson Bier is a premier law firm whose expertise and commitment sets them apart in the realm of wrongful death litigation. Our storied reputation stems from our persistent pursuit for justice that goes beyond mere representation. We understand how devastating wrongful death can be, turning lives upside down with deep emotional turmoil compounded by abrupt financial burdens. To alleviate these distresses, we offer strategic guidance immersed with compassion, ensuring your case is handled sensitively yet aggressively to secure the best possible outcome.

Our team comprises accomplished professionals adept in Illinois’ complex Wrongful Death Act. We deftly navigate through tough negotiations or court proceedings should you need strong advocates fighting relentlessly on your behalf every step of the way. Further distinguished for our personalized approach, Carlson Bier ensures each client maintains an integral role throughout the legal process promoting transparency and fostering trust.

For Ashmore residents seeking top-tier lawyers who genuinely care about their predicaments while wielding vast knowledge across every facet of wrongful death cases- look no further than Carlson Bier; we truly embody optimal synergy between empathy and practicality at its finest.

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About Carlson Bier

Wrongful Death Lawyers in Ashmore Illinois

As a leading law firm based in Illinois, Carlson Bier provides expert personal injury representation designed to help you achieve justice. Our attorneys specialize in a host of intricate niches encompassing the personal injury sphere, with wrongful death being one of our primary areas of focus. Amongst the array of legal channels involving personal angst and trauma, we believe that nothing is as devastating as losing a loved one but when such loss is due to another’s negligence or wrongdoing, it compounds the pain exponentially. As wrongful death claims specialists, our mission at Carlson Bier involves understanding your case thoroughly; guiding you during this emotional time and fighting relentlessly for fair compensation on behalf of your departed kin.

Wrongful death cases are defined by complexities and require meticulous navigation through various degrees of statutes involved in Illinois law. The scope typically revolves around four key aspects: *Failure to exercise Duty of Care*, implying the accused did not perform their obligation resulting in an accident or fatality. *Breach Of Duty*, indicating that because they failed duty of care, they’re legally liable for all damages incurred. *Causation* meaning there must be precision established between this breach and final outcome i.e., link the irresponsible behavior directly to the fatality incurred.And finally, *Damages* which need quantification for present & future cost implications like medical expenses prior to death, loss of income and services, funeral costs amongst others.

Navigating these waters can understandably be daunting given their inherent complexity coupled with the ongoing grief from losing a dear one. So here is where hiring competent counsel becomes crucially important – to provide solace to your pleas while also ensuring justice prevails. With decades-long expertise across these precincts, we at Carlson Bier deploy empathetic yet strong strategies tailored explicitly out of pure understanding thus proactively working towards putting things right.

Our unparalleled commitment executed via thorough dedication has been instrumental in helping thousands obtain rightful compensation till date. Moreover protecting them from potential exploitation that comes managed through insurance companies is of equal importance to us. Leveraging our savvy legal prowess and in-depth industry know-how, we equip you with a formidable shield fighting for your rightful place ensuring true justice is served at every step.

The striking feature about wrongful death lawsuits is their heavy reliance on detail of evidence pointing towards negligent behavior or action running parallel to the statute contained under Illinois law. Equipped with knowledge, vast experience and staying updated constantly enables our attorneys at Carlson Bier bringing those responsible to accountability and procure maximum recompense you are rightly entitled too.

Resolving legal issues originating from such painful life instances can often be overwhelming – both mentally as well as emotionally. In this moment, while nothing will bring back your dear one, holding accountable those who were careless becomes paramount in order to send out strong messages against negligence.

Understanding the value of human life whilst acknowledging the actuality of faceless laws & legality can be seen as a dichotomy but it exists; a path full of grey areas where aggressive representation merges seamlessly with compassionate understanding. Our team at Carlson Bier endeavors continuously towards bringing peace during these challenging times while assuring professional efficiency aimed at highest justice levels achievable.

If you have unfortunately found yourself in need of a wrongful death attorney, put your trust into hands that care – hands that have proven again & again their absolute commitment towards clients’ best interest providing justifiable closure after tragic loss! Take steps today itself by clicking on the button below for determining what its worth – Let us assist you proficiently in this battle displaying sincere compassion alongside professional brilliance.

+ Note: While we proudly serve residents statewide across Illinois, it’s vital indicating we do immerse ourselves only in areas with physical presence obeying laws disallowing advertisement without having an actual office location within any city precinct throughout the State. Your trust is highly valued hence full transparency maintained throughout ensuring perfect balance between apt professionalism layered with comforting assurance.

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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 Ashmore

Areas of Practice in Ashmore

Pedal Cycle Accidents

Expert in legal representation for victims injured in bicycle accidents due to responsible parties' negligence or risky conditions.

Flame Traumas

Providing specialist legal support for people of grave burn injuries caused by occurrences or indifference.

Healthcare Malpractice

Delivering specialist legal services for patients affected by clinical malpractice, including surgical errors.

Items Accountability

Taking on cases involving problematic products, providing adept legal guidance to individuals affected by defective items.

Geriatric Misconduct

Protecting the rights of elders who have been subjected to mistreatment in aged care environments, ensuring compensation.

Slip & Fall Incidents

Professional in dealing with slip and fall accident cases, providing legal services to clients seeking restitution for their suffering.

Childbirth Injuries

Delivering legal help for loved ones affected by medical incompetence resulting in neonatal injuries.

Vehicle Incidents

Incidents: Devoted to assisting clients of car accidents receive fair payout for harms and harm.

Motorbike Crashes

Committed to providing representation for individuals involved in motorbike accidents, ensuring justice for traumas.

18-Wheeler Accident

Ensuring professional legal support for victims involved in big rig accidents, focusing on securing fair recovery for damages.

Worksite Crashes

Focused on representing staff or bystanders injured in construction site accidents due to negligence or irresponsibility.

Neurological Harms

Expert in extending dedicated legal advice for victims suffering from cognitive injuries due to misconduct.

Dog Bite Damages

Expertise in managing cases for victims who have suffered traumas from dog bites or creature assaults.

Cross-walker Mishaps

Specializing in legal advocacy for joggers involved in accidents, providing professional services for recovering claims.

Undeserved Loss

Striving for grieving parties affected by a wrongful death, extending caring and expert legal services to ensure fairness.

Spine Trauma

Expert in defending patients with backbone trauma, offering expert legal services to secure recovery.

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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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