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Wrongful Death Attorney in Benton

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About Carlson Bier Associates

When you’re grappling with the tragedy of a wrongful death in Benton, you need an inexorable advocate who will stand up for your rights. Carlson Bier is that formidable ally, offering compassionate and steadfast legal support during this devastating chapter of your life. Our expertise extends across complex aspects of Illinois state wrongful death law; we have secured justice for numerous victims’ families by relentlessly pursuing their rightful compensation. Not only do we navigate courtrooms with precision, but our personalized approach to understanding each client’s unique situation enables us to build a robust case strategically tailored towards obtaining maximum compensation possible. When you entrust your case to Carlson Bier, rest assured every detail will be meticulously examined by our sharp legal experts well-versed in various facets leading to wrongful deaths such as medical negligence or automobile accidents. Retaining the services of experienced attorneys like those at Carlson Bier can make all the difference in shielding against additional distress and securing fair redress promptly after suffering an unspeakable loss due to another party’s negligence or misconduct.

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About Carlson Bier

Wrongful Death Lawyers in Benton Illinois

At Carlson Bier, we understand that dealing with the aftermath of a wrongful death can be devastating and overwhelming. This distress is amplified when it was unforeseen or caused by the negligence of another party. Our Illinois-based team of personal injury attorneys specialize in handling such sensitive cases, providing comprehensive legal support to families seeking justice.

Wrongful death is defined as the loss of life induced directly or indirectly by the actions, inactions, or negligences of someone else. In these scenarios, grief-stricken families have every right to hold liable parties accountable and seek financial compensation for damages sustained – including but not limited to medical expenses leading up to the loved one’s demise, burial costs, lost wages and potential future earnings.

• Understanding Wrongful Death Claims

In Illinois law, rightful claimants for wrongful death suits are either surviving spouses or next-of-kin – whether children or parents depending on officers’ discretion; claims are filed against defendants whose malicious intent constituted homicide or reckless behavior led to fatal accidents.

• Proving Liability

Evidence corroborating liability burden rests entirely on plaintiff’s representation capable enough to substantiate claims via witness testimonies, investigative reports emanating from accident scenes besides medical records indicating cause-effect relationship between defendant’s action and victim’s demise.

• Damages Recoverable

Apart from pre-death suffering endured owing to pain trauma alongside funeral expenditures accrued post-demise; Figuring out non-economical compensations like emotional sufferings linked with progressive parental absence or bereavement attributable companionship deficiency requires heavy reliance upon jury’s discernment capacity.

Navigating through this legal labyrinth without a qualified attorney runs risks ranging from missed deadlines due to ignorance about statutory laws governing proceedings course unto filing inadequate evidence strength eventually culminating in favor losses towards plaintiffs. Therefore securing services rendered via professional law corporations remain quintessential during questing pursuits for fair settlements at any events involving wrongful deaths liabilities imposed due illegal activities indulged by third-party entities henceforth deserving punitive action.

What sets our law firm, Carlson Bier, apart is our remarkable team of seasoned personal injury attorneys well-versed with sensitive legalities tethered to wrongful deaths. With an impressive track record in successfully negotiating myriad cases and securing favorable decisions for clientele bereft of their loved ones by others’ misdoings, we strive to deliver justice whilst easing emotional burdens haunting the affected families. Following Illinois laws scrupulously, we ensure utmost professionalism and integrity in all communications pertaining to case details while assuring privacy concerns are meticulously cared for maintaining absolute discretion over client-specific information accessed during processual course.

Our resources range from employing experienced investigators skilled at unearthing potent evidences strengthening your claim’s base unto liaisons maintained within medical professionals community capable enough to testify whenever necessary about injuries-involved complexities. Being your confiding partner throughout each sequential stage during this demanding journey spanning from initial consultations until final verdict pronouncement; helps us build a reputation promising equitable recoveries alongside ensuring vindication seekers gain closure thus winning substantial respite through unfavorable circumstances forced upon them undeservingly due abrupt loss suffered depriving one’s beloved presence forever.

To learn more about how we can offer help in such difficult times or if you’re curious about determining potential worth attributable towards pending litigation waiting conclusion; don’t hesitate proceeding further by clicking on button provided below exploring opportunities awaiting your attention helping secure deserved compensation acknowledging the disheartening effect inflicted upon living standards relegated due untoward incidents disrupting peaceful existence previously enjoyed together cheerfully as united family units pivoting around hopeful aspirations connected deeply with departed members emotionally missed every passing moment stricken by uncontrollable grief paralyzing daily lives significantly impacting adversely loved ones left behind bearing losses incurred painfully.

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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 Benton

Areas of Practice in Benton

Two-Wheeler Collisions

Focused on legal assistance for individuals injured in bicycle accidents due to negligent parties' indifference or perilous conditions.

Flame Wounds

Offering expert legal advice for victims of intense burn injuries caused by events or recklessness.

Physician Misconduct

Delivering specialist legal assistance for individuals affected by physician malpractice, including medication mistakes.

Items Obligation

Managing cases involving problematic products, extending adept legal support to customers affected by product-related injuries.

Nursing Home Neglect

Supporting the rights of nursing home residents who have been subjected to neglect in aged care environments, ensuring justice.

Fall & Trip Injuries

Adept in tackling fall and trip accident cases, providing legal assistance to individuals seeking restitution for their harm.

Neonatal Damages

Supplying legal guidance for relatives affected by medical negligence resulting in neonatal injuries.

Automobile Incidents

Accidents: Devoted to guiding sufferers of car accidents get equitable payout for wounds and losses.

Motorbike Crashes

Expert in providing legal support for individuals involved in bike accidents, ensuring justice for harm.

18-Wheeler Incident

Offering adept legal support for victims involved in truck accidents, focusing on securing appropriate compensation for losses.

Building Site Accidents

Dedicated to representing staff or bystanders injured in construction site accidents due to carelessness or negligence.

Head Injuries

Focused on providing specialized legal assistance for persons suffering from cerebral injuries due to negligence.

Canine Attack Injuries

Specialized in managing cases for people who have suffered injuries from canine attacks or creature assaults.

Foot-traveler Incidents

Dedicated to legal support for walkers involved in accidents, providing professional services for recovering compensation.

Unjust Passing

Standing up for bereaved affected by a wrongful death, providing empathetic and expert legal assistance to ensure restitution.

Vertebral Impairment

Committed to advocating for clients with spinal cord injuries, offering dedicated legal assistance to secure settlement.

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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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