Wrongful Death Attorney in Bunker Hill

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About Carlson Bier Associates

When faced with the unfathomable pain of a wrongful death, Bunker Hill residents need strong and compassionate legal representation that will seek justice for their loved ones. That’s where Carlson Bier steps in. Our seasoned attorneys concentrate on wrongful death cases, mastering the specific know-how to handle these sensitive situations successfully. Resting upon years of experience, the strength of our advocacy has been proven again and again through extensive victory records across Illinois. At Carlson Bier, we provide bespoke legal solutions tailored to fit each client’s unique requirements while maintaining close communication every step along this difficult journey. Our exceptional knowledge about Illinois’ wrongful death laws helps us navigate you through your rights and how best they can be employed in seeking maximum compensation during such traumatic times. As daunting as it may feel right now, remember – you are not alone with Carlson Bier by your side; reach out for trustworthy professional guidance at a time when it matters most to you and your family.

About Carlson Bier

Wrongful Death Lawyers in Bunker Hill Illinois

Accidents and tragedies occur without warning, leaving families blindsided by sudden loss. In these situations, it’s essential to understand the legal parameters surrounding such a terrible event; specifically, “wrongful death”. At Carlson Bier, our Illinois-based personal injury lawyers are specialized in navigating this complex area of law.

Wrongful death refers to fatalities caused by negligence or misconduct from another party. According to Illinois state law, parties like individuals, companies or institutions could be held responsible if their negligent actions result in a fatal accident. Examples include reckless driving leading to fatal car accidents, medical malpractice causing patient deaths or faulty products resulting in lethal injuries. Under these circumstances, dead person’s close relatives have the right to pursue justice through a wrongful death lawsuit.

The following are key facts about Wrongful Death:

– The lawsuit is filed by a “personal representative” who represents the estate of the deceased.

– Immediate family members like spouses or children can seek compensation for emotional anguish.

– Parents may file claims for deceased minor children whereas adult children can sue over a parent’s death.

Awarded damages usually cover funeral costs and burial expenses. They also compensate for lost future earnings of the deceased and any “grief, sorrow and mental suffering” experienced by immediate family members left behind.

Navigating wrongful death cases requires finesse because they intertwine sensitive family matters with detailed legal protocols – precisely where our expertise at Carlson Bier comes into play. Our team understands that no amount of money can replace your loved one but securing rightful compensation eases financial burdens during an already taxing time. We handle your case empathetically while aggressively advocating for your interests against insurance companies attempting to undervalue your claim.

Our top priority is keeping you informed throughout each step of this process so that you’re comfortable with every decision being made on your behalf — even if there is no physical presence at Bunker Hill as per Illinois State Law mandate on office locations.

One key aspect of our service is delivering personalized attention to clients. You’re never just a case number at Carlson Bier; instead, you’re an individual with unique concerns and needs. Our experienced attorneys are always available for consultation, shifting any uncertainties into clarity.

The Carlson Bier Advantage extends beyond mere legal representation – We understand that each wrongful death case carries the weight of lost love, a void once filled by cherished relationships, and intangible losses that reflect the presence your loved one held in your life. This comprehensive perspective allows us to holistically approach each case emotionally and legally.

Our unwavering commitment towards seeking justice doesn’t falter regardless of the nature or complexity of the wrongful death claim. In cases involving individuals or large corporations alike, at Carlson Bier, your loss reverberates within our team who puts every resource into securing the best possible outcome.

Wrongful death claims have specific time limitations termed as “statutes of limitations”, hence waiting too long could forfeit your rights entirely. Thus taking prompt action with expert guidance is vital.

You need not navigate this overwhelming journey alone during such agonizing times – At our firm, we believe in turning sorrow into strength through solace found in rightful justice. Explore how much value there may be in pursuing a wrongful death lawsuit now— Click on the button below, let us help turn these challenging questions into definitive answers providing peace amidst pain.

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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 Bunker Hill

Areas of Practice in Bunker Hill

Bike Incidents

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

Flame Burns

Offering skilled legal services for victims of serious burn injuries caused by mishaps or misconduct.

Clinical Incompetence

Providing dedicated legal advice for clients affected by clinical malpractice, including medication mistakes.

Merchandise Fault

Managing cases involving faulty products, extending expert legal assistance to victims affected by faulty goods.

Senior Abuse

Representing the rights of aged individuals who have been subjected to neglect in nursing homes environments, ensuring restitution.

Stumble & Slip Incidents

Specialist in handling tumble accident cases, providing legal services to individuals seeking restitution for their suffering.

Birth Harms

Supplying legal aid for households affected by medical misconduct resulting in infant injuries.

Motor Incidents

Crashes: Focused on aiding victims of car accidents gain just settlement for wounds and losses.

Motorbike Accidents

Expert in providing representation for victims involved in scooter accidents, ensuring rightful claims for damages.

Big Rig Collision

Providing experienced legal assistance for victims involved in lorry accidents, focusing on securing fair recompense for damages.

Construction Site Crashes

Focused on defending employees or bystanders injured in construction site accidents due to oversights or carelessness.

Neurological Injuries

Focused on delivering professional legal support for individuals suffering from head injuries due to accidents.

Dog Bite Wounds

Skilled in dealing with cases for persons who have suffered injuries from dog attacks or animal assaults.

Cross-walker Collisions

Committed to legal support for joggers involved in accidents, providing comprehensive support for recovering recovery.

Unjust Demise

Striving for relatives affected by a wrongful death, delivering understanding and skilled legal services to ensure compensation.

Neural Injury

Dedicated to assisting clients with vertebral damage, offering expert legal guidance to secure redress.

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