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Wrongful Death Attorney in Brookport

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About Carlson Bier Associates

Understanding the complexities of wrongful death claims requires skilled and experienced legal representation. In Brookport, Carlson Bier is a renowned law firm that excels in such cases. Our expertise covers an extensive range of wrongful death instances including fatal accidents, medical malpractice, product liability, premises liability and many more. With our proficiency at interpreting Illinois laws related to wrongful death cases ensures justice for victims’ families.

Why choose Carlson Bier? As seasoned attorneys dealing with personal injury compensation lawsuits, we bring unwavering commitment and dedication to every case handled by our firm. We prioritize clients’ needs first; engaging on a contingency basis so unless there’s a successful outcome reached – you owe us nothing!

Compassionate yet aggressive in fighting for your rights- that’s how clients describe their experience with us! The quality legal services rendered are not just professional but personalized too which makes all difference in pursuing justice after heartrending loss of loved ones due to negligence or carelessness of others.

In our journey towards securing rightful reparation for you – trustworthy service merges seamlessly with profound legal knowledge at Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in Brookport Illinois

Operating out of Illinois, Carlson Bier is a prominent law firm specializing in personal injuries and wrongful death cases. Each day we strive to bring justice for those who suffer from the misfortunes brought on by negligence; incessantly inching toward our goal of ensuring maximum compensation for losses incurred by our valued clients.

Let us shed light on an aspect of personal injury law that often demands our attention: Wrongful Death. A wrongful death claim arises when one party’s negligent or intentional act leads to the demise of another person. This could be due to circumstances such as fatal car accidents, medical malpractice, construction accidents, defective products, or even criminal behavior.

Several important features distinguish this legal avenue:

– It’s enacted not by the deceased’s estate but by loved ones – typically immediate family members.

– Compensation in these claims go directly to survivors and not the estate.

– Damages may include lost salary or benefits, loss of companionship, funeral expenses among others.

The process can undoubtedly seem daunting; understanding each element foremost among them. Let’s break it down for clarity:

• Negligence: The surviving individual filing a wrongful death claim must show proof of breach of duty leading to your loved one’s tragedy. For instance, if a surgeon failed to provide reasonable care during surgery then they may be found negligent.

• Breach of Duty: Establish if there was an existing ‘duty’ towards your loved one; did a driver fail to obey traffic rules? This would signify their duty.

• Causation: After establishing negligence and breach, you must further prove that said actions led directly to the individual’s passing away.

• Damages: Document quantifiable aspects involved such as hospitalization costs, burial expenses etcetera resulting from your relative’s untimely departure.

Regrettably under Illinois laws only specific relatives like spouses or children possess rights for claiming damages in case of wrongful deaths while siblings and grandparents do not. The intricacies in such cases can become overwhelming without adequate counsel, manifesting the vital need for a dedicated, skilled and empathetic legal team.

At Carlson Bier, we understand that such circumstances are emotionally fraught for you as survivors. Financial compensation may feel like scant consolation when compared to your profound loss; however ample restitution can surely ease out accompanying economic struggles. We aim at providing exactly that – Maximized monetary recovery while ensuring emotional support to guide individuals through this tumultuous period of grief and financial hardship.

Timing also holds sway in wrongful death lawsuits since Illinois law dictates certain specific timeframes post which claims cannot be made. Hence it becomes an immediate necessity to confer with experienced attorneys who accurately assess all scenarios including establishing liability & calculating fair compensation amounts.

Carlson Bier’s legal gurus provide unparalleled diligence; maintaining unwavering dedication towards seeking justice on every case they undertake. Our intricate knowledge of federal & state laws positions us uniquely, rendering proficiency that actively equips our clients with superior representation throughout their pursuits of recompense within personal injuries or wrongful deaths.

They say no amount of money replaces lost ones but comprehensive understanding along with expedited groundwork could end up playing a decisive role in easing pain while ensuring timely reparations for substantial losses incurred during such tough times; hence fortifying possibilities of smoother transitions into life ahead.

No one should have to go through the trauma alone or uninformed; therefore Carlson Bier extends its helping hand encouraging readers like yourself who might be facing these painful situations, reach out and bestow upon us the privilege to fight alongside you till closure is gained.

Our doors remain open online as well as offline because contrary human predicaments can occur anytime! Every single moment waiting might mean forfeiting your rights under some clause that makes haste essential in pursuing maximum benefits entitled by law; ergo, Click on the button below so let’s come together determining how much justice may really mean in your case today!

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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 Brookport

Areas of Practice in Brookport

Pedal Cycle Collisions

Specializing in legal advocacy for clients injured in bicycle accidents due to others's recklessness or hazardous conditions.

Fire Burns

Giving specialist legal support for sufferers of severe burn injuries caused by incidents or misconduct.

Clinical Misconduct

Extending dedicated legal representation for patients affected by physician malpractice, including negligent care.

Merchandise Obligation

Addressing cases involving defective products, extending skilled legal services to consumers affected by faulty goods.

Senior Malpractice

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

Slip & Stumble Injuries

Specialist in managing tumble accident cases, providing legal advice to individuals seeking restitution for their losses.

Infant Wounds

Providing legal guidance for kin affected by medical malpractice resulting in birth injuries.

Automobile Mishaps

Accidents: Devoted to helping victims of car accidents receive equitable remuneration for injuries and destruction.

Motorcycle Crashes

Focused on providing legal advice for riders involved in bike accidents, ensuring adequate recompense for damages.

18-Wheeler Accident

Extending adept legal support for individuals involved in lorry accidents, focusing on securing rightful compensation for hurts.

Construction Site Mishaps

Focused on supporting workmen or bystanders injured in construction site accidents due to carelessness or misconduct.

Brain Harms

Specializing in delivering dedicated legal advice for victims suffering from cognitive injuries due to negligence.

Canine Attack Wounds

Specialized in dealing with cases for clients who have suffered wounds from canine attacks or animal assaults.

Cross-walker Crashes

Focused on legal support for joggers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Passing

Standing up for grieving parties affected by a wrongful death, providing empathetic and professional legal services to ensure justice.

Spinal Cord Injury

Specializing in assisting persons with backbone trauma, offering compassionate legal guidance to secure redress.

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312-313-2440