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Wrongful Death Attorney in Astoria

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About Carlson Bier Associates

When facing a wrongful death claim in Astoria, it’s crucial to trust your case with a seasoned legal team. Carlson Bier serves individuals navigating this complex process and is committed to securing fair compensation for families affected by the untimely loss of a loved one. Our extensive background handling wrongful death litigation empowers us with insights that can make significant differences in outcomes. As reputable practitioners within the jurisdiction, we pursue every valid compensation angle rigorously and empathetically—a testament to our unwavering dedication to justice. At Carlson Bier, we’re not just about legal representation; we strive for compassionate service during this challenging time— an approach from years of understanding the gravity behind each wrongful death case. Some situations demand exceptional capabilities only honed through experience—and rest assured—with Carlson Bier, you are putting your faith at exactly such expertise when faced with Wrongful Death claims within or outside Astoria. Embrace certainty during uncertain times; choose Carlson Bier as entrusted advocates on your journey towards rightful justice.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Astoria Illinois

At Carlson Bier, we are an acclaimed personal injury law firm diligently serving the robust and diverse communities of Illinois. Our mission lies in empowering those who’ve suffered due to others’ negligence by seamlessly navigating them through the labyrinthine legal processes that often follow such unfortunate circumstances. Today, our focus swivels towards a particularly precarious situation – wrongful death.

Wrongful death is an untimely demise brought on by the recklessness or negligence of another party, causing emotional and financial turmoil amongst loved ones left behind. It could arise from numerous incidents like car accidents, workplace hazards, medical malpractice, or even slip-and-fall accidents, among other scenarios.

· Key Element: Legally speaking, a wrongful death claim holds weight only when it can be proven that the deceased would have had a viable personal injury claim if they had survived.

· Important Consideration: Differences in legalities surrounding ‘murder’ versus ‘wrongful death’ may cause confusion. While both involve loss of life due to others’ actions, murder is tried as a criminal case while wrongful death falls under the civil lawsuit umbrella for private parties pursuing justice.

Through inherent complexities often come misconceptions about these cases which might negatively influence your rightful compensation process:

1. The sole purpose isn’t just retribution but also seeks monetary relief for sudden funeral costs & future financial hardships caused by unexpected income loss.

2. The liable entity need not necessarily face criminal charges prior to initiating a wrongful death claim.

3.Deciphering those eligible for claims isn’t always straightforward making expert guidance crucial.

4.Time plays a crucial role in filing lawsuits with statutes varying amongst states

As astute attorneys entrenched in this field over years of practice at Carlson Bier; exquisite attention to meticulous details sets us apart ensuring you secure rightful justice:

• We pursue rigorous independent investigations unearthing critical evidence validating your claim aside police reports

• With vast experience across multifaceted scenarios we develop customized legal strategies aligning with your unique circumstances

• Adept negotiation skills coupled with hard-hitting litigation, if necessary, aids us in maximizing your entitled compensation.

• Alongside the case progression, we provide comprehensive knowledge about possible outcomes, options & progress empowering you through this emotionally exhausting journey.

Our support extends beyond merely concluding cases to ensuring families rightly rebuild. Unanswered questions like handling deceased’s debts or distributing assets present unforeseen challenges. Our seasoned attorneys assist you in dealing these aspects comprehensively leaving no room for gaps.

As your trusted partner committed towards delivering justice alongside all encompassing support during such a trying period, look no further than Carlson Bier positioned aggressively on the frontline of wrongful death lawsuit representation across Illinois.

Death is indeed an undeniable part of life; yet when it arrives cloaked not as destiny but due to another’s negligence cutting short a precious existence, seeking justice becomes morally imperative and legally rightful. We understand that no monetary relief can suffice for loss; however enabling financial stability through rightful compensation channels provides family members a cushion against ensuing economic strain whilst fostering healing process concurrently

Time doesn’t ease the whirlwind turmoil ignited by such tragedies; nevertheless securing legal sense amidst emotional chaos adds structure into this downward spiral infusing hope gradually alongside potent measures undertaken to forestall future similar incident occurrences within our power.

The button below awaits you offering valuable insights around your potential claims worth based on specific details unique to your situation – click now! While this won’t substitute thorough professional consultation at our office, it caters as an initial step paving the pathway towards securing your rights under-girded by Carlson Bier’s relentless pursuit dedicated passionately towards delivering Justice In Your Favor!

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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 Astoria

Areas of Practice in Astoria

Bike Mishaps

Specializing in legal assistance for persons injured in bicycle accidents due to responsible parties' indifference or risky conditions.

Burn Injuries

Extending expert legal support for individuals of intense burn injuries caused by events or recklessness.

Healthcare Incompetence

Providing dedicated legal support for individuals affected by physician malpractice, including surgical errors.

Goods Liability

Managing cases involving problematic products, providing skilled legal assistance to clients affected by defective items.

Elder Misconduct

Protecting the rights of the elderly who have been subjected to malpractice in care facilities environments, ensuring restitution.

Slip and Slip Accidents

Professional in dealing with tumble accident cases, providing legal support to clients seeking redress for their damages.

Childbirth Traumas

Extending legal aid for loved ones affected by medical negligence resulting in newborn injuries.

Automobile Accidents

Collisions: Committed to assisting patients of car accidents secure just recompense for damages and damages.

Motorcycle Mishaps

Expert in providing legal assistance for motorcyclists involved in motorbike accidents, ensuring rightful claims for losses.

Semi Incident

Providing specialist legal support for clients involved in trucking accidents, focusing on securing adequate compensation for hurts.

Construction Site Mishaps

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

Cognitive Traumas

Focused on ensuring professional legal assistance for patients suffering from cerebral injuries due to negligence.

Dog Attack Damages

Adept at tackling cases for people who have suffered harms from puppy bites or wildlife encounters.

Jogger Crashes

Expert in legal representation for walkers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Passing

Working for relatives affected by a wrongful death, providing sensitive and experienced legal representation to ensure compensation.

Vertebral Damage

Expert in defending victims with spine impairments, offering expert legal representation 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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