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Wrongful Death Attorney in Bismarck

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About Carlson Bier Associates

When dealing with the traumatic event of a wrongful death in Bismarck, it’s crucial to have access to a trustworthy and competent legal advocate. This is where Carlson Bier comes into play. With extensive experience handling wrongful death cases, we at Carlson Bier ensure that your voice is heard and rights are protected. Our exceptional team comprises skilled attorneys devoted to fighting for justice while providing compassionate support during this difficult time. We understand that each case has unique circumstances and implies high emotional toll on the family; thus, our approach includes thorough investigation aimed at holding accountable those responsible for the untimely loss of your loved one. It’s our duty as your representative not just to mediate but also fight aggressively when needed – delivering tangible results after navigating through complex legislation seamlessly becomes our utmost accomplishment! Rest assured knowing Carlson Bier garners an unparalleled reputation within Illinois as dedicated lawyers who prioritize client welfare above everything else during such grievous moments.

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About Carlson Bier

Wrongful Death Lawyers in Bismarck Illinois

At Carlson Bier, we understand that dealing with the loss of a loved one is incredibly difficult. When such a loss happens as a result of wrongful death – an occurrence resulting from negligent or intentional action leading to an untimely demise – it becomes even more distressing and complex for the family members left behind. In these sensitive moments, we endeavor to provide not only legal guidance but utmost empathy and understanding.

Wrongful death could be due to various reasons; medical malpractice, faulty products, work-related hazards, automobile accidents or violent acts constitute some examples. A deeper exploration on these subjects allows us at Carlson Bier to meticulously tackle cases being personal injury lawyers situated in Illinois.

• Medical Malpractice: It is deeply disturbing when people we trust our lives with unintentionally cause harm due to their negligence. These could surface in forms of surgical errors, misdiagnosis or wrong prescriptions.

• Faulty Products: Manufacturers owe consumers defect-free products for reasonable usage. Unfortunately, they sometimes overlook this duty causing grave consequences like harmful side effects or fatal injuries.

• Work-Related Hazards: Employers bear responsibility towards their employees’ safety at the job site. A lack of proper training or insufficient protective equipment can culminate into tragic incidents leading to wrongful deaths.

• Automobile Accidents: Regrettably common in today’s fast-paced world are auto accidents caused by irresponsibility evident through drinking under influence or rash driving.

• Violent Acts: Unlawful activities also bear high potential for wrongful deaths.

While delving into how wrongful death cases are dealt within Illinois law territory, it is important for families facing this unfortunate situation to understand their legal rights. Essentially entailing three major components – damages recoverable, who may file and time constraints on filing a claim – lets us break down each component:

Family members eligible to make claims include surviving spouses and next-of-kin which usually translate into children of the deceased. In absence of both, parents can claim damages.

The time constraints or ‘statute of limitations’ for filing a wrongful death lawsuit in Illinois is generally 2 years from the date of death. However, there are exceptions which may shorten or lengthen this period based on various factors.

Finally, understanding the types and extent of recoverable damages holds significant importance in these cases. These encompass economic components such as funeral expenses, medical costs prior to death, and future income loss along with non-economic aspects like emotional trauma endured by family members.

Understanding these specific areas will equip you better during your relentless pursuit for justice in moments shrouded by grief due to a wrongful death incident.

At Carlson Bier, we commit ourselves not only to being personal injury attorneys but confidants who take pride in educating our clients about their legal rights and options in an easy-to-understand form while standing steadfast beside them throughout their ordeal.

Courageously navigate through these dark times armed with knowledge about your rights under Illinois law regarding wrongful deaths. Value the essence of convenience at your fingertips because what’s important remains paramount – regaining some semblance amid discord caused by an unfortunate case of wrongful death.

Our seasoned team guides grieving families step-by-step into understanding each component discussed above keeping full transparency at core while steering forward via empathy-backed professionalism.

Every case is unique having its own sets of intricacies – therefore no one-size-fits-all solution reasonably exists. Recognizing this immense gap becomes vital which leads us towards extending help to find out exactly how much your case might be worth based on individual circumstances surrounding it. Click on the button below and let us journey together towards securing apt justice for your loved one’s untimely demise against the backdrop of compassion within regulatory framework set byCarlson Bier: A Personal Injury Attorney Group crafted specifically around maintaining trust-driven relationships besides delivering undisputable value proposition!

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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 Bismarck

Areas of Practice in Bismarck

Cycling Collisions

Specializing in legal assistance for persons injured in bicycle accidents due to others' indifference or dangerous conditions.

Scald Wounds

Giving adept legal advice for individuals of grave burn injuries caused by mishaps or misconduct.

Medical Malpractice

Delivering dedicated legal support for persons affected by medical malpractice, including negligent care.

Goods Obligation

Addressing cases involving faulty products, supplying specialist legal services to victims affected by product malfunctions.

Aged Abuse

Supporting the rights of seniors who have been subjected to neglect in care facilities environments, ensuring protection.

Stumble & Fall Injuries

Skilled in dealing with stumble accident cases, providing legal support to individuals seeking recovery for their harm.

Neonatal Damages

Providing legal guidance for kin affected by medical incompetence resulting in infant injuries.

Automobile Mishaps

Collisions: Dedicated to helping victims of car accidents obtain appropriate payout for injuries and impairment.

Scooter Mishaps

Expert in providing legal advice for bikers involved in two-wheeler accidents, ensuring fair compensation for traumas.

18-Wheeler Accident

Extending experienced legal advice for individuals involved in semi accidents, focusing on securing fair recompense for losses.

Construction Accidents

Dedicated to representing employees or bystanders injured in construction site accidents due to safety violations or carelessness.

Cerebral Harms

Expert in providing specialized legal services for clients suffering from brain injuries due to incidents.

Dog Attack Damages

Proficient in addressing cases for clients who have suffered injuries from puppy bites or beast attacks.

Foot-traveler Collisions

Expert in legal advocacy for joggers involved in accidents, providing dedicated assistance for recovering claims.

Unfair Demise

Working for bereaved affected by a wrongful death, supplying caring and skilled legal assistance to ensure restitution.

Spinal Cord Impairment

Committed to advocating for patients with spinal cord injuries, offering professional legal guidance 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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