Wrongful Death Attorney in Ashton

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About Carlson Bier Associates

If you are seeking a skilled Wrongful Death attorney in Illinois, Carlson Bier is your premier choice. Our specialty lies in providing quality representation with deep attention to detail and respect for the sensitive nature of these cases. We understand that losing a loved one due to someone else’s negligence adds anguish to an already overwhelming grief.

At Carlson Bier, our team of dedicated professionals remains committed to pursuing justice on behalf of those who can no longer speak for themselves. What sets us apart? Our impressive track record demonstrates our ability to handle complex claims effectively across Illinois, including Ashton.

Our firm values empathy alongside expertise while dealing with wrongful death cases. We strive fiercely against insurance companies and pursue fair compensation for your emotional pain, loss of companionship, lost wages or earning potential and any outstanding medical bills related.

Engaging the right counsel during this time could have profound implications on how well families recover financially from their losses. Selecting Carlson Bier implies entrusting your pursuit of restitution into seasoned hands known for leaving no stone unturned when working towards successful resolution.

About Carlson Bier

Wrongful Death Lawyers in Ashton Illinois

At Carlson Bier, we consistently uphold our mission of providing personalized legal care in the realm of personal injury law. Our distinguished firm, based firmly within Illinois, affirms a solid commitment to individuals and families dealing with the desolation caused by wrongful death incidents.

Wrongful Death cases are intricate legal situations that arise when an individual’s negligent or intentional act results in another person’s death. Under Illinois law, surviving family members may be entitled to monetary damages including funeral expenses, medical bills related to the deceased person’s final illness or injury, loss leading from grieving and suffering mental trauma and financial contributions which they might have provided if alive. Examples of wrongful death can range broadly including traffic accidents, occupational hazards resulting in fatality or even fatal complications consequent from clinical malpractice – all areas where our committed team at Carlson Bier extends its expertise with empathy.

In dealing with such profound impact on human lives as Wrongful Death cases entail:

• Navigating the complex provisions under Illinois law becomes crucial.

• Determining implicated parties is paramount – this could extend beyond obvious entities and include corporate bodies or public authorities.

• Time sensitivity of claims cannot be ignored – it’s vital to ascertain deadlines defined by Statute of Limitations.

Our informed attorneys exhibit meticulousness in unraveling these intricacies while outlining a robust strategy for your claim.

Experiencing the dreadfully unexpected demise of a loved one can be crippling; understanding your rights during those somber hours often doesn’t feature abundantly. Here’s how we make it uncomplicated for you:

• By discussing available legal recourse transparently.

• By arduously representing your interests against insurance companies resistant to paying rightful claims.

• By painstakingly preparing your case for litigation should resolution through negotiation prove unsatisfactory.

The highly skilled cadre at Carlson Bier persistently seeks innovative solutions supporting every move towards seeking justice and restoring hope. We shield you from being overwhelmed by the burden of the legal process, providing consistently professional support manifesting our belief in your cause.

Remember that every individual case is unique – varying circumstances will determine their potential worth. Don’t let misinterpretation or misinformation deter you from pursuing what’s rightfully yours. Let the proficient wrongful death attorneys at Carlson Bier guide you through understanding its true value.

Admittedly, money won’t replace your loved one or erase the traumatic loss’ pain and suffering. It can however provide for future security, standing testament to accountability and acknowledging an aspect of justice served. We consider it a privilege at Carlson Bier to be entrusted with seeking such outcomes for our clients.

We’re here to ensure you get answers to questions often unasked out of intimidation – How do I start a Wrongful Death claim? What possible damages can one seek? How long could it take? Who might be held liable?

Leverage on our profound experience spanning decades in personal injury law inclusive of intricate Wrongful Death claims across Illinois. Benefit from our comprehensive understanding derived from successful representation of numerous individuals impacted by similar unfortunate incidents.

Now picture yourself stepping into a confident tomorrow knowing that your legal concerns are being managed meticulously as you focus on healing. Visualize transcending sense of loss through closure underpinned by achieving a just outcome delivered compassionately by caring professionals who remain steadfastly by your side throughout this arduous journey.

A promising path awaits; click on the button below and allow us to discuss bringing validity to your claim’s worth while shedding light on how we at Carlson Bier may assist you in setting course towards deserved justice and cherished peace.

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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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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 Ashton

Areas of Practice in Ashton

Pedal Cycle Crashes

Expert in legal support for individuals injured in bicycle accidents due to other parties' indifference or dangerous conditions.

Fire Injuries

Offering skilled legal services for patients of grave burn injuries caused by mishaps or carelessness.

Clinical Negligence

Delivering specialist legal assistance for patients affected by clinical malpractice, including misdiagnosis.

Items Responsibility

Addressing cases involving problematic products, delivering skilled legal assistance to customers affected by defective items.

Elder Mistreatment

Advocating for the rights of nursing home residents who have been subjected to misconduct in aged care environments, ensuring compensation.

Tumble and Fall Mishaps

Professional in handling tumble accident cases, providing legal support to victims seeking restitution for their harm.

Neonatal Traumas

Providing legal aid for households affected by medical misconduct resulting in infant injuries.

Automobile Collisions

Accidents: Committed to helping victims of car accidents receive appropriate settlement for damages and destruction.

Scooter Incidents

Expert in providing legal advice for motorcyclists involved in motorcycle accidents, ensuring justice for traumas.

Semi Collision

Ensuring adept legal support for drivers involved in semi accidents, focusing on securing appropriate claims for damages.

Worksite Mishaps

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

Neurological Impairments

Dedicated to delivering professional legal advice for patients suffering from brain injuries due to negligence.

K9 Assault Wounds

Adept at dealing with cases for victims who have suffered traumas from dog bites or beast attacks.

Foot-traveler Accidents

Specializing in legal support for cross-walkers involved in accidents, providing dedicated assistance for recovering damages.

Unwarranted Passing

Striving for families affected by a wrongful death, providing caring and experienced legal assistance to ensure redress.

Spinal Cord Trauma

Committed to assisting persons with spinal cord injuries, offering professional legal guidance to secure compensation.

Contact Us Today if you need a Person Injury Lawyer