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Wrongful Death Attorney in Avon

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About Carlson Bier Associates

When dealing with the devastating situation of a wrongful death case in Avon, having an experienced and understanding legal team on your side is imperative. Carlson Bier excels at handling these complex cases with the sensitivity they deserve. As top-tier personal injury lawyers of Illinois, we bring along our vast knowledge base and compassion to assist you throughout this challenging period while seeking justice passionately. Our excellent track record reveals our commitment to securing rightful compensation for our clients’ losses due to others’ negligence or intentional misconducts. With Carlson Bier as your legal ally, you’re not just harnessing our deep-rooted expertise but also entrusting us to fight relentlessly for fair resolution on behalf of those who unfortunately cannot continue their battle themselves anymore – a responsibility we never take lightly nor compromise upon.We continually stay updated with Avon’s local laws related to wrongful death lawsuits and utilize such insights skillfully when defending your rights in courtrooms or negotiations.This ensures adapting strategies that resonate best with unique dynamics encountered during individual case proceedings.Dare I say more about choosing us?

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Avon Illinois

At Carlson Bier, we stand as a beacon of justice for those who have had their lives disturbed due to the negligence of others. Our personal injury attorneys based in Illinois provide robust legal counsel and representation for individuals and families grappling with the challenging aftermath of wrongful deaths. A wrongful death claim arises when a person dies due to another individual or entity’s negligent, reckless or intentional actions. Such cases are complex and require comprehensive understanding of the relevant laws and regulations; this is where we step in to ensure you get the rightful compensation you deserve.

Wrongful death includes an array of situations:

• Negligence- When a person dies due to another person or entity’s preventable mistakes, such as medical malpractice.

• Recklessness- When someone knowingly partakes in high-risk activities which directly result in a fatality.

• Intentional Action – Cases where one individual purposefully inflicts harm leading to another’s death; typically applicable in criminal proceedings.

These circumstances can stem from various incidents like motor vehicle accidents, product liability issues, nursing home neglects, workplace accidents and more. The specific grounds for filing a wrongful death suit alter depending on varied conditions related to these causes.

A crucial aspect that needs your consideration while dealing with a wrongful death claim is the statute of limitations. In Illinois, you typically have two years from the date of death to file a lawsuit. Nevertheless, exceptions may apply based on specifics related to your case.

Parties eligible to file this lawsuit are specifically outlined under Illinois law:

• Immediate family members – spouses and children

• Life partners or financial dependents

• Distant relatives including parents (if deceased was minor), siblings etc.

• Anyone who suffers financially because of the loss

Apart from proving that loved ones died owing to negligence action by others, claimants also must show how they were personally affected by these losses both emotionally and financially. By successfully demonstrating these elements at trial our dedicated attorneys at Carlson Bier can ideally recover damages for medical expenses, lost earnings, funeral costs and emotional suffering.

It is critical to understand that the laws governing wrongful death are intricate, requiring specialized legal acumen. Every single case has its own set of unique circumstances and should be examined on an individual basis. This is precisely where our personalized approach makes a significant difference. We meticulously investigate every aspect of your case while providing you with compassionate guidance each step of the way.

Navigating through a wrongful death claim is no simple task but armed with adequate knowledge about it certainly paves a more straightforward path to get through this challenging process. Our goal at Carlson Bier is to furnish clients like you not just with exceptional legal representation but also complete understanding enabling you to make informed decisions at all times.

We express empathy with individuals handling such traumatic experiences. And we offer assurance that having strong legal help could ease some burden off your shoulders; in turn, helping you focus on healing and rebuilding your life.

This page’s purpose is multifold: armoring you with valuable information about wrongful death lawsuits as well as showcasing our commitment towards tirelessly fighting for justice for victims’ families.

Are you still in doubt regarding the worth or validity of your case? Or perhaps wondering what would be the best course of action aligned to your scenario? You need not tread this path alone! Click on the button below and let our team guide you further by assessing the potential value of your personal injury claim. Let us help in securing justice and compensation owed to you by law; after all, accountability should never go unchecked when it comes down to matters involving loss so profound.

You deserve nothing less than competent advice paired with sincere compassion; something we promise over at Carlson Bier. Together, we can power across this tempest towards a prosperous dawn filled with strength fueled by rightful justice served!

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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 Avon

Areas of Practice in Avon

Cycling Collisions

Proficient in legal services for clients injured in bicycle accidents due to responsible parties' negligence or unsafe conditions.

Scald Traumas

Providing professional legal support for individuals of grave burn injuries caused by mishaps or indifference.

Medical Incompetence

Providing professional legal support for clients affected by hospital malpractice, including wrong treatment.

Items Liability

Handling cases involving dangerous products, extending adept legal guidance to victims affected by faulty goods.

Geriatric Neglect

Representing the rights of elders who have been subjected to malpractice in nursing homes environments, ensuring protection.

Slip and Stumble Mishaps

Adept in tackling tumble accident cases, providing legal advice to individuals seeking compensation for their harm.

Newborn Traumas

Delivering legal guidance for families affected by medical negligence resulting in newborn injuries.

Motor Mishaps

Collisions: Focused on aiding sufferers of car accidents obtain reasonable remuneration for wounds and losses.

Motorbike Incidents

Expert in providing legal advice for motorcyclists involved in motorbike accidents, ensuring rightful claims for damages.

Big Rig Mishap

Ensuring experienced legal support for persons involved in semi accidents, focusing on securing fair recovery for losses.

Building Site Collisions

Dedicated to supporting workers or bystanders injured in construction site accidents due to safety violations or negligence.

Neurological Harms

Committed to extending compassionate legal support for persons suffering from neurological injuries due to misconduct.

Canine Attack Damages

Adept at managing cases for individuals who have suffered wounds from K9 assaults or animal attacks.

Foot-traveler Crashes

Dedicated to legal representation for joggers involved in accidents, providing dedicated assistance for recovering claims.

Unfair Demise

Striving for families affected by a wrongful death, offering caring and skilled legal representation to ensure compensation.

Vertebral Impairment

Dedicated to defending victims with vertebral damage, offering expert 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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