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Wrongful Death Attorney in Bartonville

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About Carlson Bier Associates

When faced with the devastating loss of a loved one due to wrongful death, it’s crucial that you entrust your case to an experienced and compassionate attorney. This is why many have turned toward Carlson Bier. With vast experience in representing wrongful death cases across Illinois, our expert team prides itself on delivering results in this complex area of law. Our hallmark lies not just in our legal prowess, but also our personalized approach. We understand that each situation is unique and hence we offer bespoke strategies suiting distinct circumstances related to every single client from Bartonville and beyond, which sets us apart as a preferable choice for those seeking justice after the heartrending incident of wrongful death within their households.Our unwavering success track record proves evidence to prompt action and diligent pursuit towards securing rightful compensation for losses suffered under untimely demise due to another person’s fault or negligence.Do not allow your loss go unanswered; trust Carlson Bier – providing exceptional representation throughout Illinois during life’s most challenging times..

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Bartonville Illinois

At Carlson Bier, we understand that losing a loved one under circumstances that could have been avoided is heartbreaking and traumatic. The legal phrase for such incidents is “wrongful death,” and it’s essential to understand what this means. Wrongful death occurs when someone’s negligence, recklessness, or intentional conduct leads to another person’s death.

The Carlson Bier team takes pride in standing up for the rights of those who have unjustly lost their lives due to another party’s irresponsible actions. We strive tirelessly to ensure those left behind receive just compensation for their profound loss – easing financial burdens and providing some level of solace during an emotionally taxing period.

Understanding wrongful death laws and regulations are complex; not everyone is conversant with these intricate details. Therefore, let us take you through the crucial aspects:

• Accountability: Establishing culpability is fundamental in these cases. However, proving guilt requires expertise and experience in personal injury law practice.

• Compensation: Damages awarded vary according to unique case dynamics but typically cover loss of companionship, future earnings of the deceased, grief counseling expenses, funeral costs, among others.

• Timelines: There’s often a statute of limitations within which filings must happen. For Illinois, this period is two years from the date of death.

Wrongful Deaths primarily arise from common situations such as:

– Car Accidents: These account for a significant number of wrongful deaths annually caused by reckless driving like speeding or drunk driving.

– Workplace accidents: Encountering hazardous conditions at work can occasionally lead to fatal injuries – particularly in industries where safety protocols may be lacking or ignored.

– Medical malpractice: Even physicians can make mistakes – these errors range from diagnostic oversights or surgical complications causing lethal outcomes.

Partnering with our astute attorneys ensures you get precise advice on navigating complicated legal terrains—our strategic analytical approach combined with compassionate service will provide you with unwavering representation throughout your case.

Moreover, we employ ingenious tactics to prove negligence or intent contributing to the wrongful death. We meticulously gather and analyze evidence—medical records, police reports, eyewitness accounts—to build a powerful argument on your behalf. Litigating these cases requires legal acumen that can anticipate potential pitfalls and agilely traverse through them—precisely the prowess Carlson Bier brings for you.

In addition to our renowned professional excellence, we prioritize delivering empathetic service. We realize how emotionally straining such situations are. Our lawyers are not just there for their legal expertise, but also as warm-hearted support during your trying time.

Making the choice about which attorney to trust is no trivial matter—and that decision becomes even more critical when dealing with tragedies like wrongful deaths. It’s not an easy journey—but having Carlson Bier by your side will inevitably lighten the burden and augment the chances of securing justice for your lost loved one.

At Carlson Bier, our predominant goal remains getting you fair compensation aligned with Illinois law – rest assured that we whole-heartedly commit ourselves into realizing this aim and help bring you closure.

A strong attorney-client relationship hinges on believability, honesty, and transparent communication—at Carlson Bier; these values form the cornerstone of our practice. By choosing us as advocates in your pursuit of justice following a wrongful death claim,you’re choosing relentless advocacy committed solely to safeguarding your interests.

Take a moment now—you’ve nothing lose but everything to gain by seeking expert advice from a dedicated team who truly cares. With just one click of the button below let us provide you with a free case assessment which could potentially quantify what restitution may be rightfully yours—a quantification based solidly upon facts rather than speculation or hollow promises.

Stand up against injustice today—we at Carlson Bier are waiting for an opportunity to fight vigorously for you!

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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 Bartonville

Areas of Practice in Bartonville

Cycling Collisions

Dedicated to legal advocacy for victims injured in bicycle accidents due to other parties' indifference or unsafe conditions.

Thermal Traumas

Giving skilled legal support for individuals of intense burn injuries caused by mishaps or indifference.

Physician Negligence

Ensuring professional legal services for clients affected by physician malpractice, including wrong treatment.

Products Fault

Addressing cases involving unsafe products, providing specialist legal services to consumers affected by defective items.

Elder Mistreatment

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

Stumble & Stumble Occurrences

Skilled in dealing with tumble accident cases, providing legal representation to sufferers seeking justice for their injuries.

Infant Harms

Providing legal support for kin affected by medical carelessness resulting in newborn injuries.

Motor Crashes

Collisions: Devoted to assisting victims of car accidents obtain fair remuneration for injuries and destruction.

Motorbike Accidents

Specializing in providing representation for motorcyclists involved in two-wheeler accidents, ensuring justice for damages.

Semi Mishap

Ensuring professional legal representation for drivers involved in big rig accidents, focusing on securing rightful recovery for losses.

Building Site Accidents

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

Cognitive Impairments

Specializing in offering dedicated legal services for individuals suffering from cognitive injuries due to carelessness.

K9 Assault Damages

Adept at handling cases for people who have suffered injuries from K9 assaults or creature assaults.

Pedestrian Mishaps

Focused on legal support for joggers involved in accidents, providing professional services for recovering claims.

Undeserved Loss

Standing up for grieving parties affected by a wrongful death, offering caring and skilled legal services to ensure restitution.

Spinal Cord Harm

Focused on defending victims with spinal cord injuries, offering compassionate legal support 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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