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Wrongful Death Attorney in Braidwood

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About Carlson Bier Associates

In the devastating aftermath of wrongful death, legal assistance becomes imperative. Carlson Bier’s exceptional lawyers are steadfast advocates for justice in such grim circumstances. Rooted deeply in Illinois law practices and versed specifically with wrongful death cases, our firm represents clients compassionately and effectively. Our goal is to provide peace of mind amidst tough times by managing the complexities surrounding your case expertly. We exhibit unsurpassed skill in arguing for rightful compensation due to medical malpractice, workplace accidents or negligent individuals leading to irreplaceable loss. Unhesitating dedication towards fulfilling our clients’ needs sets us apart; we ensure concise communication and comprehensive understanding during difficult times. With a resounding reputation built over years through unwavering commitment toward honest representation, Carlson Bier rises above as a top choice when seeking an impactful wrongful death attorney service across Illinois—and thoughtfully extends its engagement offering comfort along with expertise throughout all dealing processes—bearing testimony that at its core it remains more than just another law firm; it’s synonymous with trust embedded care.

About Carlson Bier

Wrongful Death Lawyers in Braidwood Illinois

At Carlson Bier, we specialize in personal injury law with a particular focus on cases involving wrongful death. Our Illinois-based lawyers are experienced and committed to providing rigorous representation for individuals who have tragically lost a loved one due to another party’s negligence or wrongdoings. Wrongful death suits can be highly complex owing to various legal factors involved; however, our team is closely versed in this particular arena of law and uses their expertise to seek justice and fair compensation for surviving family members.

Wrongful death pertains to lawsuits that the survivors or estate of a decedent bring against those responsible for the individual’s demise, usually caused by negligent actions. It’s an agonizingly painful situation where monetary damages become necessary – not as reparation for the loss (since no amount can equate to human life), but rather as means of meeting financial implications resulting from untimely deaths. They may include potential income losses, medical bills prior to death, funeral costs, mental anguish suffered by survivors among others.

Key aspects pertinent to wrongful death claims in Illinois:

• The burden of proof: The plaintiff needs strong evidence that directly links defendant’s negligent behaviour led to their loved one’s death.

• Statute limitations: Under Illinois law for bringing forth a wrongful death claim typically lasts two years from the date of the event which led to the person’s demise.

• Damages Recoverable: Compensation awarded depends on several variables including pecuniary injuries – i.e., money required currently or in future related directly/indirectly because of decedent’s passing.

Carlson Bier is known for balancing sensitive handling needed during these tough times while aggressively pursuing rightful settlements. Manned by seasoned attorneys possessing substantial experience navigating through complicated legal frameworks surrounding wrongful deaths; rest assured that you’re entrusting your case onto capable hands dedicated tirelessly towards protecting your best interests.

Remember also that every case differs uniquely depending on its nature and specifics – hence, key herein is the importance of seeking professional legal advice. It’s advisable to engage with a firm like ourselves at Carlson Bier, experienced in this specific area of law – to guide you through labyrinthine legal details and fine print as well as secure rightful compensation serving justice.

As personal injury lawyers profoundly rooted in Illinois, our commitment lies primarily on providing outstanding legal service and nurturing client relations based upon trust and mutual respect. We understand that no remuneration can genuinely compensate for loss from wrongful death; however, we steadfastly believe that securing financial means can alleviate some workaday extenuations following such tragic incidents.

In times when life unveils unforeseen tragedies leaving you stricken with sorrow and despair; let experts shoulder your burden legally. We take it upon us to provide expert legal representation highlighting stringent dependency on transparency and relentless pursuit for justice. Be it coping up with incomparable emotional trauma or combating financial hardships emerging post such unfortunate mishaps; allow yourself moments needed for healing by shifting uninvited worries onto seasoned attorneys at Carlson Bier.

Facing a distressing event like wrongful death can often leave one feeling overwhelmed and unsure where to start seeking justice. However, right beneath this content lies an opportunity – a ‘find out how much your case is worth’ button awaiting your click! Let the initial step towards gaining insightful understanding about your situation be interacting here – investing merely few minutes could potentially point your path towards achieving fair compensation deserved! Trust professionals ardent about bringing forth justice assisting you amidst sorrowful times while retaining dignity entering the courthouse battle arena.

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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 Braidwood

Areas of Practice in Braidwood

Cycling Incidents

Specializing in legal advocacy for individuals injured in bicycle accidents due to others' lack of care or hazardous conditions.

Fire Damages

Extending skilled legal support for patients of intense burn injuries caused by occurrences or indifference.

Healthcare Negligence

Providing experienced legal services for victims affected by healthcare malpractice, including medication mistakes.

Goods Obligation

Handling cases involving problematic products, extending expert legal support to clients affected by faulty goods.

Nursing Home Malpractice

Supporting the rights of elders who have been subjected to abuse in aged care environments, ensuring fairness.

Tumble and Fall Injuries

Skilled in managing trip accident cases, providing legal support to clients seeking redress for their losses.

Newborn Harms

Extending legal assistance for relatives affected by medical negligence resulting in newborn injuries.

Auto Collisions

Crashes: Concentrated on guiding patients of car accidents get fair settlement for hurts and damages.

Motorcycle Accidents

Dedicated to providing legal support for riders involved in motorbike accidents, ensuring rightful claims for injuries.

Truck Crash

Delivering specialist legal advice for individuals involved in trucking accidents, focusing on securing adequate recovery for injuries.

Construction Site Incidents

Dedicated to assisting staff or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Cognitive Injuries

Dedicated to delivering expert legal support for clients suffering from brain injuries due to negligence.

Canine Attack Harms

Expertise in addressing cases for people who have suffered wounds from puppy bites or creature assaults.

Pedestrian Accidents

Dedicated to legal representation for cross-walkers involved in accidents, providing expert advice for recovering restitution.

Undeserved Death

Standing up for loved ones affected by a wrongful death, extending caring and adept legal assistance to ensure restitution.

Neural Damage

Committed to advocating for individuals with spinal cord injuries, offering specialized legal support to secure redress.

Contact Us Today if you need a Person Injury Lawyer