Wrongful Death Attorney in Bluford

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About Carlson Bier Associates

When facing the tragedy of a wrongful death, it’s crucial to find a legal representative who can compassionately champion your rights. Carlson Bier is an attorney group dedicated to resolving these painful cases with empathy and precision. This Illinois law firm holds profound experience in providing unmatched representation for victims of wrongful death incidents. Their expertise extends far beyond their office locale, delivering guidance and powerful advocacy virtually everywhere, including Bluford. The attorneys at Carlson Bier comprehend the critical nature of every case they handle – understanding that accurate advice and strong representation serves as the keystone to achieving justice for wronged parties. Choosing them ensures you have trusted partners who provide not just legal assistance but emotional support during challenging times—all while meticulously building solid cases that deliver favorable rulings against guilty parties involved in tragic events resulting in wrongful deaths.

Our team acknowledges jurisdictional differences nurturing relationships within various courthouses which intensify our effectiveness significantly irrespective of geographic constraints . Opting for Carlson Bier is distinguishing between ‘being represented’ and ‘owning justice’.

About Carlson Bier

Wrongful Death Lawyers in Bluford Illinois

At Carlson Bier, we stand at the forefront of understanding Wrongful Death law in Illinois. Given our extensive experience in personal injury cases, we recognize that each claim is unique and complex involving profound emotional and financial concerns. Our professional ethos thrives on addressing client needs promptly and efficiently, driven by the belief that justice delayed equals justice denied.

Wrongful death refers to a legal term describing a situation where somebody’s reckless conduct or deliberate wrongdoing causes another person’s death. A wrongful death claim can be initiated when an individual dies due to the legal fault of another person be it from medical malpractice, car accidents, construction accidents, or work-related injuries among others.

In such trying times, families often find themselves burdened with loss of earnings and unexpected expenses like funeral costs. Crucial elements that arise in wrongful death cases include:

• Identification of responsible parties

• Gathering evidence to prove negligence

• Determining monetary damages

It becomes vital to navigate these situations wisely as stakes are inevitably high; errors can cost dearly leading to potential devaluation or complete loss of rightful claims.

Legal assertions must rest strongly upon key metrics involved- accountable party’s negligent act(s), liabilities arising from these actions, causation linking defendant’s acts with decedent’s harms/losses attained – those directly affecting individual suffering untimely frailty e.g., healthcare bills for final illness/injury as well as indirect losses majorly impacting survivors e.g., lost wages if deceased was breadwinner.

Carlson Bier is dedicated to helping you understand your rights under wrongful death law while assisting you through every step of this process so that you receive all entitled benefits motivating closure towards your ongoing tribulation healing wounds inflicted unintentionally yet gravely upon your loved ones’ mortality reflecting equipollently onto your health likewise social stability.

Our skilled attorneys have vast knowledge regarding statutory limitations within which lawsuit should be filed since statutes vary depending on persons eligible filing suit (usually near family- wife/husband, parents (of minors), children {some states even allow life partners, financially dependent individuals/ distant family members}-{pecuniary/financial injury majorly being primary measure of damages in these cases}), type of death caused and other pertinent legal questions we recognize as crucial for laying down firm foundations leading towards conclusive articulation.

In order to accurately establish a solid wrongful death case it is imperative that:

• Plaintiffs be able to prove defendant’s duty of care breached by said party which ultimately led to experience damage

• Concrete evidence clearly establishes this breach as direct cause behind victim’s demise – constituting indispensable facet here.

Hence at Carlson Bier, one finds transcendental embodiment mirroring specialized field in personal injury law sphere orchestrated incessantly exuding empathy understanding realistically how overwhelming traumatic losing loved ones can turn out making adept handling seemingly insurmountable task find closure while seeking justice against responsible entities nourishing thorough belief everyone deserves their due rights fought rigorously.

Please take a moment and click on the button below to ascertain what your rightful monetary claim might amount to. Our specialists will assist you in understanding the larger picture explaining how your unique emotional saga rationally integrates within prevailing laws constructing definitive path lighting up tough journey ahead reassuring firmly you won’t endure this alone; our skilled set hands reliable steadfastness promises unwavering support you righteously deserve ensuring loss more bearable torching beacon hope rekindling innate strength within each one us!

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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 Bluford

Areas of Practice in Bluford

Two-Wheeler Crashes

Specializing in legal services for clients injured in bicycle accidents due to others' negligence or hazardous conditions.

Burn Injuries

Extending specialist legal services for victims of grave burn injuries caused by accidents or negligence.

Physician Carelessness

Extending specialist legal representation for patients affected by healthcare malpractice, including negligent care.

Items Accountability

Taking on cases involving problematic products, delivering skilled legal guidance to individuals affected by defective items.

Nursing Home Abuse

Advocating for the rights of nursing home residents who have been subjected to abuse in care facilities environments, ensuring fairness.

Tumble and Stumble Mishaps

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

Newborn Harms

Offering legal help for relatives affected by medical carelessness resulting in infant injuries.

Vehicle Collisions

Incidents: Concentrated on assisting sufferers of car accidents secure equitable payout for wounds and harm.

Scooter Incidents

Committed to providing legal assistance for individuals involved in motorbike accidents, ensuring just recovery for injuries.

Semi Accident

Delivering specialist legal advice for individuals involved in lorry accidents, focusing on securing fair recovery for losses.

Building Site Collisions

Committed to assisting laborers or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Head Impairments

Specializing in delivering professional legal assistance for individuals suffering from cerebral injuries due to negligence.

Canine Attack Wounds

Adept at addressing cases for persons who have suffered injuries from canine attacks or animal attacks.

Pedestrian Accidents

Expert in legal advocacy for cross-walkers involved in accidents, providing dedicated assistance for recovering recovery.

Wrongful Demise

Working for families affected by a wrongful death, offering compassionate and expert legal support to ensure fairness.

Vertebral Damage

Dedicated to defending individuals with spinal cord injuries, offering specialized legal assistance to secure redress.

Contact Us Today if you need a Person Injury Lawyer