Wrongful Death Attorney in Brighton

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About Carlson Bier Associates

At Carlson Bier, we specialize in wrongful death cases, eager to serve the community of Brighton with respect and compassion. This proficiency has rendered us one of Illinois’ most established attorney groups when dealing with such devastating circumstances. We commit to channeling our legal expertise towards seeking justice for your lost loved ones – laboring tirelessly for rightful compensation to cover funeral costs, medical bills or loss of future earnings. Grief can be all-consuming; hence as proficient wrongful death lawyers – Carlson Bier is here to represent you against at-fault parties irrespective of whether wrongful conduct was intentional or resulted from negligence. The ethos underpinning our law firm acknowledges that no monetary value compares with a human life; however, its purpose extends beyond financial gain as it sends a powerful message deterring negligent behaviours within society. Choosing an upright lawyer who aligns their interest on clients’ needs could decisively shift court verdicts in your favor – making Carlson Bier the recommended ally when navigating through such turbulent moments in Brighton.

About Carlson Bier

Wrongful Death Lawyers in Brighton Illinois

At Carlson Bier, we are a dedicated team of personal injury attorneys hailing from the great state of Illinois, tirelessly working for our clients’ interests. As legal professionals specializing in areas involving wrongful death claims, our goal is to equip and empower you with an understanding of your rights and the intricacies of these types of cases.

Wrongful death refers to a case where a person dies as a result of negligence or misconduct by another party. It’s indescribably painful losing someone suddenly due to such instances; thankfully, our justice system provides avenues to seek redress for the deceased’s loved ones. Put in simpler terms:

• A wrongful death claim can be initiated when someone dies due to another’s legal fault.

• The claim allows surviving family members or dependents to file a lawsuit against those responsible.

• Repercussions for the defending party may entail financial compensation payouts if held liable.

There are several critical elements that govern how wrongful death lawsuits operate which ought require your attention:

• You must establish how the defendant duty bound towards the deceased under law.

• The court then assesses whether there was any resultant breach of this duty.

• Direct causation linking this breach leading towards the death at hand needs establishment.

• Lastly, evidence showcasing financial impact suffered because of its occurrence needs demonstration.

The resulting compensation awarded for successful wrongful death suits isn’t merely about recovering lost income; it acknowledges pain and suffering too. Settlements often factor medical costs incurred before passing away alongside funeral expenses also.

Carlson Bier operates within Illinois laws exclusively focus on righting wrongs like these within our jurisdiction boundaries only – ensuring that genuine accountability keeps upholding utmost priority.

Now turning your attention towards more practical facets; let us explore some specifics about what initiating a wrongful death lawsuit involves. These proceedings typically operate within time-bound limits – called statutes limitation:

• In general contexts across Illinois, this period lasts up until two years from the date of passing away.

• If the deceased’s death is directly linked to criminal actions prosecuted by state, this period potentially extend up until five years.

• This implies that delay beyond these limits essentially might result in forfeiture your right to legal recourse.

Each case differs vastly; however, Carlson Bier’s collective legal expertise makes us best prepared for navigating such complexities on your behalf – leaving no stone unturned ensuring you’re adequately compensated and moving ahead past this painful chapter.

Going through a tough time, especially when dealing with loss entailing wrongful death circumstances, could appear immensely overwhelming. Yet remember – while nothing can truly replace your loved one or remove traversed pain – seeking rightful justice remains worthwhile achieving appropriate closure still.

At Carlson Bier, we believe it important assuring utmost legitimacy throughout our engagements. Our offices are strictly confined within Illinois only whilst offering extensive statewide coverage – thereby refuting any assertions towards operating out Brighton or any venue outside jurisdiction boundaries as contrary local law.

We passionately strike an unwavering balance between empathetic understanding individual travails reflective each distinct case alongside rigorous commitment towards holding responsible parties accountable – making us go-to solution for anybody seeking serious wrongful death attorneys across Illinois.

As testament real-world implications championing rights aiding those having faced tragic times humanity ought surrender before jurisprudence; testimony lies at heart truth itself obtaining fair settlements reflects our commitment – serving beacon hope amidst trial adversity whilst bearing witness established trusts bestowed upon constantly reaffirm faith reposed within judiciary integrity found matchless communal spirit belonging great State Illinois.

Feel free click button below find out much might claim worth particular circumstances remain; trust us bring accountable justice balm needed soothing grief-ridden hearts back heal trust restored life’s goodness once again. Connect Carlson Bier today take first step towards securing vital compensation transition smoothly newer phase life without precious companion bereft due unduly negligence someone else’s behest.

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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 Brighton

Areas of Practice in Brighton

Two-Wheeler Crashes

Specializing in legal assistance for people injured in bicycle accidents due to others's lack of care or perilous conditions.

Burn Wounds

Providing professional legal services for sufferers of serious burn injuries caused by accidents or indifference.

Hospital Carelessness

Offering expert legal services for persons affected by healthcare malpractice, including negligent care.

Products Liability

Handling cases involving defective products, offering skilled legal services to clients affected by faulty goods.

Aged Malpractice

Defending the rights of seniors who have been subjected to abuse in senior centers environments, ensuring restitution.

Tumble & Slip Injuries

Expert in handling stumble accident cases, providing legal advice to clients seeking compensation for their harm.

Birth Injuries

Providing legal help for households affected by medical misconduct resulting in newborn injuries.

Automobile Collisions

Mishaps: Concentrated on assisting patients of car accidents get reasonable settlement for injuries and harm.

Motorcycle Crashes

Specializing in providing legal support for individuals involved in scooter accidents, ensuring fair compensation for losses.

Trucking Mishap

Extending professional legal support for individuals involved in trucking accidents, focusing on securing fair settlement for damages.

Building Site Accidents

Concentrated on representing laborers or bystanders injured in construction site accidents due to oversights or negligence.

Cognitive Injuries

Expert in ensuring compassionate legal services for clients suffering from neurological injuries due to incidents.

Canine Attack Harms

Proficient in dealing with cases for people who have suffered injuries from K9 assaults or creature assaults.

Jogger Collisions

Specializing in legal advocacy for foot-travelers involved in accidents, providing comprehensive support for recovering claims.

Unjust Fatality

Working for relatives affected by a wrongful death, delivering caring and experienced legal support to ensure fairness.

Backbone Injury

Expert in advocating for persons with backbone trauma, offering expert legal representation to secure justice.

Contact Us Today if you need a Person Injury Lawyer