Wrongful Death Attorney in Bement

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About Carlson Bier Associates

When facing the devastation of a wrongful death in Bement, it is vital to select an attorney who can represent your interests thoroughly and empathetically. Carlson Bier emerges as a standout choice for such representation due to their vast experience dealing with complex matters related to wrongful deaths. The firm’s Illinois-licensed lawyers have proven track records in winning substantial settlements for clients affected by wrongful death incidents. They provide compassionate support while untangling confusing legalities and guiding you through demanding procedures diligently. Their strategic approach ensures that responsible parties are held accountable, helping secure justice for victims’ families and loved ones while maintaining high ethical standards inherent in representing cases of this sensitivity outstretching geographical boundaries. In addition, they skillfully handle court proceedings if required which gives you time to grieve without worrying about litigation hassles, making them an ideal choice when seeking redressal following tragic circumstances happening away from home locations or cities like Bement within Illinois state lines, where laws might differ slightly but expertise beams through unwaveringly because at Carlson Beir; Wisdom begins with Wonder! Choose wisely today!

About Carlson Bier

Wrongful Death Lawyers in Bement Illinois

At Carlson Bier, we are committed to providing comprehensive and compassionate legal service for those facing the most difficult circumstances. Our speciality as personal injury attorneys lies in lending a hand when you’ve lost a loved one due to wrongful death. Wrongful death is characterized by loss of life due to negligent, reckless, or deliberate act of another individual or entity. This grievous event can often leave families shell-shocked and puzzling over what their next step should be.

Navigating the complexities of the law during such trying times can be overwhelming. That is where our team comes into play, representing your interests with tenacity and dedication so you may focus on healing and recovering from your loss.

• We possess a profound understanding of Illinois’s wrongful death laws.

• Committed to ensuring that justice is served for your bereaved family members.

• Diligently work towards obtaining compensation on various fronts: Loss of companionship, income losses, medical expenses pre-death, emotional distress faced by survivors, funeral costs etc.

Wrongful deaths occur in numerous ways – it could happen because of motor accidents involving cars, trucks or motorcycles; workplace injuries; defective products; premises liabilities like slip-and-fall accidents; or medical malpractice cases. It’s important to understand that no two scenarios will be completely identical in nature which leads us to approach each case individually providing the best possible outcome for you.

In order to succeed in claiming compensation for wrongful death under Illinois law however there are certain key elements that need proving:

* Duty Of Care – Establishing that the defendant had a duty of care towards the deceased person.

* Breach – Proving without doubt that this duty was breached by negligence or actions leading directly to harm

* Causation – The breach caused or significantly led to the individual’s death

* Damages – Showing clear evidence pointing out damages/losses experienced including financial and emotional

Our expertise at Carlson Bier lies not only in proving these vital elements but developing a firm case that tells your story, humanizes you and establishes the impacts of your loss. Confidentiality is at every moment respected as we understand this is a tough journey requiring delicate handling.

One common myth we would like to debunk for anyone considering reaching out: You don’t always need to go to court! Our experienced team will make sure any legal recourse including negotiation settlements with insurance companies or responsible parties are explored before the last resort being litigation.

What about timelines? According to Illinois Law, the legislation clearly spells out a statute of limitations that dictates when you can file for wrongful death claims which stands at two years from the date of death. However exceptions exist such if malpractice caused the death extending it by two more years. It’s critcal therefore knowing each step and hence our promise ensuring your rights are protected and respected throughout this entire process

At Carlson Bier, our goal goes beyond providing a winning strategy – it’s working compassionately along your side during these trying times, serving justice on behalf of your loved ones whilst also charting a path towards recovery for families rebuilding their lives after such devastating losses.

The question now isn’t whether you SHOULD contact us; rather it’s HOW SOON should you seek consultation with us so we can begin protecting and fighting for what’s justly yours.

Together, let’s uncover what compensation could be fairly owed to you today-click on the button below for an immediate no-obligation review of how much your case might be worth. Injustice doesn’t wait and neither should you – let us keep pursuers accountable while vindicating rights according to Illinois law all rooted in care and professionalism unique to Carlson Bier personalized approach.

Please note: Our office is based within legal bounds of Illinois state laws regarding physical office location advertising protocols.

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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 Bement

Areas of Practice in Bement

Bike Collisions

Specializing in legal support for clients injured in bicycle accidents due to other parties' negligence or risky conditions.

Flame Injuries

Supplying professional legal support for people of severe burn injuries caused by incidents or indifference.

Healthcare Negligence

Offering experienced legal services for individuals affected by clinical malpractice, including negligent care.

Commodities Accountability

Managing cases involving unsafe products, extending adept legal support to individuals affected by defective items.

Senior Neglect

Defending the rights of aged individuals who have been subjected to neglect in aged care environments, ensuring fairness.

Trip & Tumble Occurrences

Skilled in addressing fall and trip accident cases, providing legal assistance to sufferers seeking restitution for their damages.

Birth Wounds

Supplying legal support for households affected by medical negligence resulting in neonatal injuries.

Auto Collisions

Mishaps: Committed to assisting victims of car accidents secure just payout for hurts and impairment.

Bike Collisions

Dedicated to providing legal advice for victims involved in motorcycle accidents, ensuring rightful claims for losses.

Truck Collision

Delivering specialist legal support for victims involved in big rig accidents, focusing on securing appropriate compensation for hurts.

Building Site Accidents

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

Cerebral Injuries

Dedicated to extending dedicated legal advice for individuals suffering from cognitive injuries due to accidents.

Canine Attack Traumas

Expertise in addressing cases for clients who have suffered harms from puppy bites or wildlife encounters.

Foot-traveler Accidents

Expert in legal advocacy for cross-walkers involved in accidents, providing expert advice for recovering damages.

Wrongful Fatality

Working for bereaved affected by a wrongful death, offering understanding and adept legal assistance to ensure compensation.

Neural Harm

Expert in advocating for patients with backbone trauma, offering specialized legal assistance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer